GIFT  OF 


A 


COMPILATION   OF  THE 

Public  School  Laws 

OF  NEW  MEXICO 

1914 


EXTRACTS  FROM  THE   STATE   CONSTITUTION, 
COMPILED  LAWS  OF  1897  AND  SUBSEQUENT 
TERRITORIAL    SESSION    LAWS,    TO- 
GETHER WITH    ALL  SCHOOL  LAWS 
PASSED    BY    THE    FIRST    AND 
SECOND  SESSIONS  OF  THE 
STATE    LEGISLATURE,   RE- 
LATIVE  TO  EDUCATION 

AND  THE 

FORMS  USED  IN  SCHOOL 
ADMINISTRATION  AND 
A  DIRECTORS'  GUIDE 


PREPARED  UNDER  THE  DIRECTION  OF 

ALVAN  N.  WHITE 

STATE  SUPERINTENDENT  OF  PUBLIC 
INSTRUCTION 


JOURNAL.   JOB    DEPARTMENT 


COMPILATION   OF  THE 

Public  School  Laws 

OF  NEW  MEXICO 

1914 


EXTRACTS  FROM  THE  STATE   CONSTITUTION, 
COMPILED  LAWS  OF  1897  AND  SUBSEQUENT 
TERRITORIAL    SESSION    LAWS,    TO- 
GETHER  WITH  ALL  SCHOOL  LAWS 
PASSED    BY    THE    FIRST    AND 
SECOND  SESSIONS  OF  THE 
STATE   LEGISLATURE,   RE- 
LATIVE TO  EDUCATION 

AND  THE 

FORMS  USED  IN  SCHOOL 
ADMINISTRATION  AND 
A  DIRECTORS'  GUIDE 


PREPARED  UNDER  THE  DIRECTION  OF 

ALVAN  N.  WHITE 

STATE  SUPERINTENDENT  OF  PUBLIC 
INSTRUCTION 


THIS  VOLUME 

IS 

STATE  PROPERTY 

And  is  for  the  use  of    

of School  District  No 

County  of ,   State  of  New  Mexico. 


School  officers  on  retiring  from  office  are  required  by  law  to  deliver 
this  volume,  with  all  other  books  and  documents  of  an  official  character, 
to  their  successors  in  office. 


•«  •  •  •■ 


Prrfar^ 


Several  compilations  of  School  Laws  have  been  issued  heretofore, 
under  authorization  of  the  Legislature,  Chapter  28,  Laws  of  1903. 
This  Act  authorized  the  compilation,  printing,  and  distribution  of  the 
Compilation  of  School  Laws  in  pamphlet  form,  appropriatmg  money 
therefor  "from  the  rental  or  leasing  of  the  Common  School  Lands". 
As  the  Constitution  limits  the  purposes  for  which  money  arising  from 
this  cource  may  be  used,  and  as  no  funds"  were  available  from  any  other 
source,  the  Department  has  been  unable  to  issue  any  compilation  since 
the  one  of  1  909.  The  demand  for  a  compilation,  however,  is  so  urgent 
that  I  have  determined  to  take  from  the  funds  of  the  Department  suffi- 
cient to  prepare  a  somewhat  abridged  compilation.  We  have,  therefore, 
omitted  much  material  published  in  the  former  compilations  which  is  not 
of  immediate  interest  in  the  administration  of  the  public  schools  of  the 
state.  The  laws  relating  to  state  institutions  have  been  omitted  in  order 
to  ifiake  this  volume  of  more  convenient  size.  Full  information  relative 
to  these  schools  may  be  secured  from  the  president  of  each  school,  or 
frcm  this  Department. 

It  has  been  my  desire  in  this  publication  to  arrange  as  systematically 
as  possible  all  our  school  laws  and  to  omit  those  no  longer  in  force  by 
reason  of  recent  legislation,  or  which  do  not  have  a  direct  bearing  upon 
questions  of  school  administration,  and,  in  the  interest  of  the  teachers, 
school  officers,  and  patrons,  to  make  this  pamphlet  a  clear  and  intelligi- 
ble text  book  on  the  subject.  For  this  reason,  I  have  included  a  series 
of  forms  for  use  in  the  administration  of  schools  and  a  Directors'  Guide 
arranged  according  to  an  alphabetical  list  of  important  subjects. 

It  is  my  hope  that  we  may  eventually  secure  the  adoption  of  a  school 
code  which  will  do  away  with  obsolete  and  conflicting  laws  and  which 
will  present  all  legislation  affecting  the  schools  in  a  still  more  conven- 
ient form. 

ALVAN  N.  WHITE, 
State  Superintendent  of  Public  Instruction. 


293041 


Table  of  Contents 


Page 

Preface    3 

Educational  Directory 4 

Extracts  from  State  Constitution .^ 7 

Extracts  from  Compiled  Laws   1 897 11 

Extracts  from  Laws  of    1 899 38 

Extracts  from  Laws  of   1901 39 

Extracts  from  Laws  of    1  903 46 

Extracts  from  Laws  of   1 90  5 53 

Extracts  from  Laws  of   1 907 55 

Extracts  from  Laws  of   1 909 ^  .  7] 

Extracts  from  Laws  of   1912 77 

Extracts  from  Laws  of   1913 90 

Additional  References    1 04 

Forms  for  Use  in  School  Administration 110 

Calendar    1 30 

Directors'   Guids 1  32 

Index     143 


New  Mexico  Educational  Directory 


STATE  BOARD  OF  EDUCATION. 

Hon,   W.  C.  McDonald,  Governor,  Chairman Santa   Fe 

Hon.   Alvan  N.  White,  Superintendent  of  Public  Instruction,  Secre- 
tary      Santa   Fe 

Dr.  Frank  H.  H.  Roberts,  President  N.  M.  Normal  University.  .  . 

East  Las  Vegas 

Professor  E.  L.  Enloe,  President  N.  M.  Normal  School.  .  .Silver  City 
Supt.  C.  C.  Hill,  County  Superintendent,  Chaves  County.  .  .  .Roswell 
Supt.    Bonifacio  Montoya,  County  Superintendent,  Sandoval  County 

Bernalillo 

Supt.   J.  L.  G.  Swinney,  County  Superintendent,  San  Juan  County 
Aztec 

STATE  DEPARTMENT  OF  EDUCATION. 
(Santa  Fe) 

Alvan  N.  White Superintendent  of  Public  Instruction 

Filadelfo  Baca Assistant  Superintendent  of  Public  Instruction 

Rupert  F.  Asplund    Chief  Clerk 

Eve   Wientge Stenographer   and  Clerk 

Manette  A.  Myers,  State  Director  of  Industrial  Education.  .  .Santa  Fe 

HEADS  OF  STATE  EDUCATIONAL  INSTITUTIONS. 
David  R.  Boyd,  President  University  of  New  Mexico.  .  .Albuquerque 

George  E.  Ladd,  President  Agricultural  College State  College 

Frank  H.  H.  Roberts,  President  New  Mexico  Normal  University .  . 

East  Las  Vegas 

E.  L.  Enloe,  President  New  Mexico  Normal  School Silver  City 

F.  A.  Jones,  President  New  Mexico  School  of  Mines Socorro 

Maj.   J.   W.   Willson,   Superintendent   New   Mexico   Military   Insti- 
tute  Roswell 

O.  C.  Zingg,  President  Spanish-American  Normal El  Rito 

W.  C.  Connor,  Jr.,  Superintendent  School  for  Deaf  and  Dumb.  . 

Santa  Fe 

R.  R.  Pratt,  Superintendent  Institute  for  the  Blind Alamogordo 


6  ,  COMPILAIIOM    OF    THE    SCHOOL    LAWS 

COUNTY  SUPERINTENDENTS. 

Bernalillo,  Atanasio  Montoya    Albuquerque 

Chaves,  C.  C.   Hill    Roswell 

Colfax,  Mrs.   Josie  Lockard Raton 

Curry,  L.  C.  Mersfelder Clovis 

Dona  Ana,  Frank  M.  Hayner Las  Cruces 

Eddy,  W.  A.   Poore    Carlsbad 

Grant,  Miss  Isabel  L.  Eckles Silver  City 

Guadalupe,  J.  V.  Gallegos Santa  Rosa 

Lincoln,  Mrs.  Wallace  L.  Gumm Carrizozo 

Luna,  Miss  Grace  G.  Goebel Deming 

Mora,  Manuel  Madrid    Mora 

McKinley,   W.   D.   Cornell Gallup 

Otero,  R.  S.  Tipton    . Alamogordo 

Quay,   E.    Pack Tucumcari 

Rio  Arriba,  David  Martinez,  Jr Velarde 

Roosevelt,  Mrs.  S.  F.  Culberson    Portales 

Sandoval,  Bonifacio  Montoya Bernalillo 

San  Juan,   J.  L.  G.  Swinney •  •  •  •' Aztec 

San  Miguel,  M.  F.  DesMarais Las  Vegas 

Santa  Fe,  J.  V.  Conway Santa  Fe 

Sierra,   F.   I.   Given Hillsboro 

Socorro,   Benjamin  Sanchez Socorro 

Taos,  Jose  Montaner Taos 

Torrance,  Charles  L.  Burt Mountainair 

Union,  H.  H.  Errett Clayton 

Valencia,  Saturnino  Baca    Belen 


Extracts  From  The  State  Constitution, 

Relating  To  Education.  (Adopted  1911 

And  Effective  After  The  Admission 

To  Statehood,  Jan.  6,  1912.) 


The  constitution  adopted  by  the  constitutional  convention  held  at 
Santa  Fe  in  October  and  November,  1910,  was  duly  ratified  by  the 
people  of  New  Mexico  on  January  21,  1911,  and  on  February  24 
was  transmitted  to  Congress  by  the  President,  with  his  approval  and 
with  the  recommendation  that  the  same  be  approved  by  Congress.  At 
an  election  held  November  7,  1911,  the  constitution  was  ratified  and 
went  into  effect  on  the  formal  proclamation  of  statehood,  Jan.  6,   1912. 

In  substance  the  provisions  of  the  proposed  constitution  relatmg  to 
education  are  as  follows: 

Article  V. — Executive  Department. 

Sec.  1 .  The  executive  department  shall  consist  of  a  governor, 
*  *  *  superintendent  of  public  instruction,  *  *  *  who  shall 
be  elected  for  a  term  of  four  years,  beginning  on  the  first  day  of  January 
next  after  their  election. 

Sec.  2.  Qualifications  of  superintendent  of  public  instruction:  a 
citizen  of  the  United  States;  at  least  thirty  years  of  age;  resident  of 
New  Mexico  at  least  five  years;  a  trained  and  experienced  educator. 

Sec.  12.  Salary  of  superintendent  of  public  instruction,  $3,000 
per  annum. 

Article  VII. — Elective  Franchise. 

Sec.  1.  All  school  elections  shall  be  held  at  different  times  from 
other  elections.  Women  possessing  the  qualifications  required  of  male 
electors  shall  be  qualified  electors  at  school  elections;  providetl,  woman 
suffrage  shall  be  suspended  in  any  school  district  in  which  the  majority 
of  the  qualified  voters  present  a  petition  to  the  board  of  county  com- 
missioners against  such  suffrage. 

Sec.  2.  Women  possessing  the  qualifications  required  of  male  elec- 
tors shall  be  eligible  to  hold  the  office  of  county  school  superintendent, 
school  director,  and  member  of  a  board  of  education. 

Sec.   4.      No  person  shall  be  deemed  to  have  acquired  or  lost  resi- 


8  COMPILATION    OF    THE    SCHOOL    LAWS 

dence  by  reason  of  his  presence  or  absence      *      *      *      while  a  student 
of  any  school. 

Article  VIII. — Taxation  and  Revenue. 

Sec.  4.  Annual  levy  for  state  revenue,  4  mills,  except  for  the  sup- 
port of  educational  *  *  *  institutions  of  the  state.  Maximum 
levy  for  state  purpose  for  the  first  two  years  under  this  constitution,  1  2 
mills ;   thereafter    1 0  mills. 

Sec.  1 3.  No  execution  shall  be  issued  against  any  "^  ^  ^ 
school  district  or  board  of  education;  or  against  any  officer  of  any 
*  ^  *  school  district  or  board  of  education  upon  any  judgment 
against  him  in  his  official  capacity,  and  for  which  the  *  *  -v^ 
school  district  or  board  of  education  is  liable,  but  the  same  shall  be  paid 
out  of  the  proceeds  of  a  tax  levy. 

Article  IX. — State,  County  and  Municipal  Indebtedness. 

Sec.  1 .  No  school  district  shall  borrow  money  except  for  school 
buildings  and  grounds  and  only  when  approved  by  majority  voting  at 
election. 

5ec.  14.  No  *  *  *  school  district  shall  lend  its  credit  or 
make  any  donation  to  any  person,  association,  corporation,  railroad,  or 
any  private  enterprise. 

Article  XII. — Education. 

Sec.  I .  A  uniform  system  of  public  schools  sufficient  for  and  open 
to  all  children  of  school  age  shall  be  established  and  maintained. 

Sec.  2.  The  permanent  school  fund  shall  consist  of  the  proceeds 
of  sales  of  sections  two,  sixteen,  thirty-two  and  thirty-six  in  each  town- 
ship; the  proceeds  of  sales  of  all  lands  granted  to  the  state  without  con- 
ditions; such  portion  of  the  proceeds  of  sales  of  lands  of  the  United 
States  within  the  state  as  has  been  or  may  be  granted  by  Congress;  also 
all  other  grants,  gifts  and  devises  made  to  the  state,  the  purpose  of  which 
is  not  otherwise  specified. 

Sec.  3.  The  schools,  colleges,  universities  and  other  educational 
institutions  provided  for  by  this  constitution  shall  forever  remain  under 
the  exclusive  control  of  the  state,  and  no  part  of  the  proceeds  arising 
from  the  sale  of  any  school  lands  granted  to  the  state  or  any  other 
educgitional  funds  shall  be  used  for  the  support  of  any  sectarian,  de- 
nominational, or  private  school,  college  or  university. 

Sec.  4.  All  fines  and  forfeitures  collected  under  general  laws;  the 
net  proceeds  of  property  that  may  come  to  the  state  by  escheat;  the 
rentals  of  all  schpol  lands  granted  to  the  state,  the  disposition  of  which 
is  not  otherwise  provided  for  by  the  terms  of  the  grant  or  by  act  of 


OF    THE    STATE    OF    NEW    MEXICO  9 

Congress ;.  and  the  income  derived  from  the  permanent  school  fund, 
shall  constitute  the  current  school  fund  of  the  state.  The  legislature 
shall  provide  for  an  annual  tax  for  the  maintenance  of  the  public 
schools,  the  proceeds  of  such  tax  levy  to  be  added  to  the  current  school 
fund.  The  said  fund  shall  be  distributed  among  the  school  districts  of 
the  state  in  the  proportion  to  the  number  of  children  of  school  age  in 
each  district.  The  legislature  shall  provide  for  the  levy  and  collection 
of  additional  local  taxes  for  school  purposes.  A  public  school  shall  be 
maintained  for  at  least  five  months  in  every  school  district. 

Before  making  the  distribution  there  shall  be  taken  from  the  current 
school  fund  a  sufficient  reserve  to  be  distributed  among  school  districts 
in  which  the  proceeds  of  the  local  tax,  when  levied  to  the  limit  allowed 
by  law,  plus  the  regular  quota  of  current  school  funds  allotted  to  said 
district,  shall  not  be  sufficient  for  maintaining  school  for  the  full  period 
of  five  months  and  this  reserve  fund  shall  be  so  distributed  among  such 
districts  as  to  enable  each  district  to  hold  school  for  the  said  period. 

Sec.  5.  Every  child  of  school  age  and  of  sufficient  physical  and 
mental  ability  shall  be  required  to  attend  a  public  or  other  school  during 
such  period  and  for  such  time  as  may  be  prescribed  by  law. 

Sec.  6.  A  state  board  of  education  is  created,  to  consist  of  seven 
members.  It  shall  have  the  control,  management  and  direction  of  all 
public  schools,  under  such  regulations  as  may  be  provided  by  law.  The 
governor  and  the  state  superintendent  of  public  instruction  shall  be  ex- 
officio  members  of  said  board  and  the  remaining  five  members  shall  be 
appointed  by  the  governor,  by  and  with  the  consent  of  the  Senate;  and 
shall  include  the  head  of  some  state  educational  institution,  a  county 
superintendent  of  schools,  and  one  other  person  actually  connected  with 
educational  work.  The  legislature  may  provide  for  district  or  other 
school  officers,   subordinate  to  said  board. 

Sec.  7.  The  principal  of  the  permanent  school  fund  shall  be  in- 
vested in  the  bends  of  the  state  or  territory  of  New  Mexico,  or  of  any 
county,  city,  town,  board  of  education  or  school  district  therein.  All 
losses  from  such  funds,  however  occurring,  shall  be  reimbursed  by  the 
state. 

Sec.  8.  The  legislature  shall  provide  for  the  training  of  teachers 
in  the  normal  schools  or  otherwise  so  that  they  may  become  proficient  in 
both  the  English  and  Spanish  languages,  to  qualify  them  to  teach  Span- 
ish-speaking pupils  and  students. 

Sec.  9.  No  religious  test  shall  ever  be  required  of  any  teacher  or 
student  in  any  public  school  or  state  educational  institution,  and  no 
teacher  or  student  of  such  school  or  institution  shall  ever  be  required  to 
attend  or  participate  in  any  religious  service. 


10  COMPILATION    OF    THE    SCHOOL    LAWS 

Sec.  1 0.  Children  of  Spanish  descent  shall  never  be  denied  the 
right  and  privilege  of  admission  in  the  public  schools  or  other  public 
educational  institutions  of  the  state,  and  they  shall  never  be  classed  in 
separate  schools,  but  shall  enjoy  equality  with  other  children. 

5ec.  1  1 .  Territorial  educational  institutions  are  confirmed  as  state 
institutions. 

Sec.  12.  Accepts  lands  granted  by  enabling  act  and  confirms 
same  to  the  institutions  named  in  said  act.  Divides  lands  granted  for 
nortnal  schools. 

Sec.  1 3.  The  legislature  shall  provide  for  the  control  and  man- 
agement of  each  of  said  institutions  by  a  board  of  regents,  for  each  in- 
stitution, consisting  of  five  members  to  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  Senate  for  a  term  of  four  years, 
and  no  more  than  three  of  whom  shall  belong  to  the  same  political  party 
at  the  time  of  their  appointment.  The  duties  of  said  boards  shall  be 
prescribed  by  law. 

Article  XIII. — Public  Lands. 

Sec.  1.  Such  of  school  sections  2,  16,  32  and  36  as  are  not  con- 
tigious  to  other  state  lands  shall  not  be  sold  within  1 0  years  for  less  than 
$10  per  acre. 

Article  XV. — Agriculture  and  Conservatioi,. 

Sec.  1 .  There  shall  be  a  department  of  agriculture  which  shall 
be  under  the  control  of  the  board  of  regents  of  the  College  of  Agricul- 
ture and  Mechanic  Arts,  and  the  legislature  shall  provide  lands  and 
funds  necessary  for  experimental  farming  and  demonstrating  by  said  de- 
partment. 

Article  XX. — Miscellaneous. 

Sec.    1  0.      The  legislature  shall  regulate  the  employment  of  children. 

Sec.    1  7.      There  shall  be  a  uniform  system  of  text-books  for  the 
public  schools  which  shall  not  be  changed  more  than  once  in  six  years. 
Article  XXI. — Compact   With  the  United  States. 

Sec.  4.  Provision  shall  be  made  for  the  establishment  and  main- 
tenance of  a  system  of  public  schools  which  shall  be  open  to  all  the 
children  of  the  state  and  free  from  sectarian  control,  and  said  schools 
shall  always  be  conducted  in  English. 

Section  4,  Article  XXII,  of  the  Constitution  provides:  "All  laws 
of  the  Territory  of  New  Mexico  at  the  time  of  its  admission  into  the 
Union  as  a  state,  not  inconsistent  with  this  constitution,  shall  be  and  re- 
main in  force  as  the  laws  of  the  state  until  they  expire  by  their  own 
limitation,  or  are  altered  or  repealed;  and  all  rights,  actions,  claims, 
contracts,  liabilities  and  obligations,  shall  continue  and  remain  unaffected 
by  the  change  in  the  form  of  government. 


Extracts  from  the  Compiled  Laws  of  the 
Territory  of  New  Mexico,  1897 


Sec.  299. — Unlawful  for  County  Commissioners,  Cit})  Council,  Town 
Trustees,  Boards  of  Education,  etc.,  to  Contract  An^  Debt  for  Any 
Year  Which  Cannot  Be  Paid  from  Funds  Actually  Collected  Dur- 
ing Such  Current  Year. 

From  and  after  the  date  of  the  passage  of  this  act  it  shall  be  unlawful 
for  any  board  of  county  commissioners,  city  council,  town  trustees, 
board  of  education,  board  of  trustees,  or  board  of  school  directors  of 
any  school  district,  for  any  purpose  whatever  to  become  indebted  or  con- 
tract any  debts  of  any  kind  or  nature  whatsoever  during  any  current 
year  which,  at  the  end  of  such  current  year,  is  not  and  cannot  then  be 
paid  out  of  the  money  actually  collected  and  belonging  to  that  current 
year,  and  any  and  all  kind  of  indebtedness  for  any  current  year  which 
is  not  paid  and  cannot  be  paid,  as  above  provided  for  is  hereby  declared 
to  be  null  and  void,  and  any  officer  of  any  county,  city,  town,  school 
district  or  board  of  education,  who  shall  issue  any  certificate  or  other 
form  of  approval  of  indebtedness  separate  from  the  account  filed  in  the 
first  place  or  who  shall,  at  any  time,  use  the  fund  belong!-'/?  to  any 
current  year  for  any  other  purpose  than  paying  the  current  expenses  of 
that  year,  or  who  shall  violate  any  of  the  provision  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  a  conviction  thereof  shall 
be  fined  not  less  than  one  hundred  nor  more  than  one  thousand  dollars 
or  be  confined  in  the  county  jail  for  a  period  of  not  more  than  six 
months  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court  trying  the  case. 

Sec.  300. — Fees,  Salaries  and  Perquisites  of  Officers  to  Be  Reduced. 
All  fees,  salaries  and  perquisites  of  the  different  officers  of  the  several 
counties,  cities,  towns,  boards  of  education,  school  districts,  district  at- 
torneys and  any  and  all  other  officers  shall  be  reduced  in  the  event  there 
is  an  insufficient  collection  of  money  with  which  to  pay  them  as  pro- 
vided by  law  for  their  services  in  any  current  year  so  that  there  shall 
be  no  violation  of  the  provisions  in  this  act  as  to  incurring  indebtedness 
for  any  current  year  over  and  above  the  money  actually  collected  for 
that  current  year. 

Sec.    301. — When  Collections  for  Current  Year  Insufficient  to  Pay  in 
Full,  Then  Officers  and  Creditors  to  he  Paid  Pro  Rata. 
(As  amended.)      In  the  event  that  there  is  an  insufficient  amount 


12  COMPILATION    OF    THE    SCHOOL    LAWS 

of  money  collected  during  any  current  year  with  which  to  pay  for  the 
services,  fees,  and  salaries  of  the  several  officers  mentioned  in  sectioa 
three  hundred,  then  and  in  that  event  the  said  officers  and  all  creditors 
shall  receive  in  full  payment  of  their  respective  claims  each  his  pro  rata 
share  of  the  money  collected,  and  the  payment  of  said  pro  rata  part  shall 
be  made  quarterly  between  all  officers  and  creditors  and  in  the  event  of 
an  insufficient  amount  of  money  to  pay  in  full  for  any  one  quarter  the 
officers  and  creditors  remaining  unpaid  shall  not  be  paid  that  amount 
untilthe  salaries  and  exepnses  of  the  next  succeeding  quarter  or  quarters 
shall  have  been  paid,  and  in  the  event  all  the  ofFicers  and  creditors  of 
any  one  quarter  shall  have  been  paid  in  full  and  there  then  remains  any 
money  for  the  current  year,  the  same  shall  then  be  distributed  pro  rata 
among  the  said  officers  and  creditors.  Provided,  That  all  the  actual 
expenses  for  boarding  county  prisoners  shall  be  paid  in  full  before  any 
bill,  fees  or  salaries  are  paid  and  before  any  pro-rate  is  made,  and  such 
expenses  may  be  paid  at  the  expiration  of  each  and  every  quarter. 
Sec.  304. — Current  Year  to  Begin  1st  of  January^,  Except  That  for 
Boards  of  Education  and  School  Districts  It  Shall  Begin  1st  of  Sep- 
tember of  Each  Year. 

The  current  year  for  the  purpose  hereof  shall  begin  on  the  first  day 
of  January  and  end  on  the  last  day  of  December  of  each  year,  except 
that  the  current  year  for  boards  of  education  and  school  districts  shall 
begin  on  the  first  day  of  September  of  each  year  and  end  on  the  last 
day  of  August  of  the  next  year. 

Sec.  305. — Money)  Collected,  or  That  Should  he  Collected,  From 
Tax  Rolls  for  County  Purposes,  Except  Special  Assessments,  to 
Constitute  Fund  for  Next  Current  Year.  All  Other  Mone^  CoU 
lected  to  Belong  to  Current  Year. 

All  moneys  collected  from  the  tax  roll  of  any  one  year  for  county 
purposes  or  that  should  have  been  collected  for  that  year  for  such  pur- 
poses, whether  it  was  placed  on  the  tax  roll  or  not,  except  moneys  col- 
lected for  that  year  from  assessments  made  for  some  special  purpose, 
shall  constitute  the  fund  for  the  next  current  year,  and  all  moneys  other 
than  those  collected  from  the  tax  rolls,  or  that  should  have  been  on  the 
tax  rolls,  that  are  collected  during  any  current  year  and  have  not  by  law 
been  placed  as  belonging  to  some  particular  general  county  fund  shall 
go  to  and  be  a  part  of  the  fund  for  the  current  year  in  which  same  are 
collected. 

Sec.  406. — Unlawful  for  Town  or  Cit})  Officials  to  Bu}),  Sell  or 
Speculate  in  Town  or  Cit^  Evidences  of  Indebtedness,  Unless  Same 
is  for  Salary  of,  or  Supplies  Furnished  fcp.  Such  Town  or  Cifp 
Official 


OF    THE    STATE    OF    NEW    MEXICO  1  3 

That  from  and  after  the  passage  of  this  act,  it  shall  be  unlawful  for 
any  mayor,  councilman,  collector,  marshal,  clerk  or  other  person  holding 
any  office  or  appointment  in  and  for  any  incorporated  city  or  town  in 
this  territory  to  either  directly  or  indirectly  buy,  sell,  barter,  deal  in  or 
speculate  in  or  with  any  certificate,  warrant,  or  other  evidences  of  in- 
debtedness of  such  incorporated  city  or  town,  except  such  certificate, 
warrant  or  other  evidence  of  indebtedness  shall  have  been  lawfully 
issued  to  such  person  in  payment  of  his  salary  or  in  compensation  for 
service  rendered  by  him  or  for  supplies  furnished  by  him  to  such  in- 
corporated city  or  town.  (See  also  following  sections,  C.  L.  1897.) 
Sec.  684. — Persons  Responsible  for  County  Mone^  to  Render  Ac- 
count and  Settle  With  County  Commissioners  at  January  Term  and 
at  Other  Times  When  Notified  in  Writing. 

All  collectors,  sheriffs,  treasurers,  clerks,  constables  and  all  other 
persons  responsible  for  the  money  belonging  to  the  county,  shall  render 
their  accounts  to  settle  with  the  board  of  county  commissioners  at  their 
January  term  of  each  year  or  at  any  regular  term  of  the  board  if  so 
required  by  the  board  in  writing,  and  pay  into  the  county  treasury  any 
balance  which  may  be  found  due  the  county,  and  take  duplicate  receipts 
therefor,  and  deposit  one  of  said  receipts  with  the  clerk  of  the  board 
within  five  days  thereafter. 

Sec.  686. — Officers  Failing  to  so  Account  and  Settle,  Liable  to  Fine 
of  From  Five  to  One  Hundred  Dollars. 
Every  officer  required  by  the  preceding  sections  to  report  to  the 
county  board  of  commissioners  who  shall  fail  or  neglect  to  do  so  as 
required  by  law,  shall  be  fined  in  a  sum  not  less  than  five  nor  more  than 
one  hundred  dollars. 

Sec.  687. — County  Commissioners  to  Examine  Into  Sufficiency  of 
County  Officers*  Bonds,  and  to  Require  New  Bonds  When  Neces- 
sary. 

It  shall  be  the  duty  of  the  board  of  county  commissioners  of  each 
county  ,at  each  regular  term  on  the  first  day  of  each  term  to  examine 
and  inquire  into  the  sufficiency  of  the  official  bond  of  the  collector, 
sherifF,  treasurer,  clerk  of  probate  court,  constables,  and  all  other  offi- 
cial bonds  given  or  to  be  given  by  any  county  officer  as  required  by  law, 
and  if  it  shall  appear  that  any  one  or  more  of  the  securities  on  the 
official  bond  of  any  county  officer  has  or  have  removed  from  the  county, 
died,  or  become  insolvent,  or  of  doubtful  solvency,  the  said  board  of 
county  commissioners  shall  cause  such  collector,  sheriff,  treasurer,  clerk, 
constable  or  other  county  officer  to  be  summoned  to  appear  before  the 
said  board  on  a  day  to  be  named  in  said  summons,  to  show  cause  why 
he  should  not  be  required  to  give  a  new  bond  with  sufficient  security. 


14  COMPILATION    OF    THE    SCHOOL    LAWS 

and  if  at  the  appointed  time  he  shall  fail  to  satisfy  said  board  as  to  the 
sufficiency  of  the  present  security,  an  order  shall  be  entered  of  record 
by  said  board  requiring  such  treasurer,  clerk,  constable  or  other  county 
officer,  except  the  collector  or  sheriff,  to  file  in  the  office  of  the  county 
clerk  within  twenty  days,  a  new  bond  to  be  approved  as  required  by  law,, 
unless  the  number  and  pecuniary  ability  of  other  securities  on  said  bond 
shall  be  such  as  to  satisfy  said  board  that  the  bond  is  sufficient,  not- 
withstanding one  or  more  of  the  securities  on  said  bond  may  have  re- 
moved, be  dead,  insolvent,  or  of  doubtful  solvency,  in  which  case  the 
bond  in  question  may  be,  in  the  discretion  of  the  board,  held  sufficient. 
Sec.  1527.  (As  amended  by  Chap.  99,  Laws  \  907 .)— Creation  of 
New  Districts.  County  Superintendents'  Report. 
That  Section  1527  of  the  Compiled  Laws  of  New  Mexico  is  hereby 
amended  so  as  to  read  as  follows:  "That  whenever  a  school  district 
shall  be  formed  in  any  county,  the  county  superintendent  shall,  within 
fifteen  days  thereafter,  prepare  and  post  a  notice  of  the  formation  of 
such  district,  describing  its  boundaries  and  stating  the  number  thereof, 
and  appointing  a  time  and  place  for  the  first  district  meeting  to  select 
school  directors  to  act  until  the  following  election;  and  he  shall  also 
furnish  to  the  county  clerk  the  description  and  boundaries  of  each  school 
district  as  soon  as  practicable  after  the  same  is  formed.  Should  there, 
for  any  cause,  be  no  meeting  in  the  newly  formed  district  to  select  school 
directors,  then  the  county  superintendent  shall  appoint  school  directors 
who  shall  act  till  their  successors  are  elected  as  now  provided  by  law, 
and  all  school  directors  heretofore  appointed  in  a  new  district  by  the 
county  superintendent,  are  hereby  declared  in  all  respects,  to  be  valid 
appointments.  The  schoci  superintendent  shall,  on  or  before  the  I  5th 
day  of  October  of  each  year,  make  out  and  transmit  in  writing  to  the 
territorial  superintendent,  bearing  date  October  1  st,  a  report  containing 
a  statement  of  the  number  of  school  districts  in  the  county,  the  number, 
age  and  sex  of  children  residing  in  each  over  five  and  under  twenty-one 
years  of  age;  the  number  of  schools  in  the  county;  the  length  of  time 
each  school  has  been  taught;  the  number,  aga  and  sex  of  pupils  attend- 
ing the  same;  the  number  and  sex  of  teachers  employed,  branches  taught 
and  text-books  used;  the  number  of  private  or  select  schools  or  academ- 
ies in  the  county  as  far  as  the  same  can  be  ascertained;  the  number,  age 
and  sex  of  pupils  and  teachers  employed  and  the  branches  tau-^ht;  the 
amount  of  money  raised  by  taies  and  paid  for  teachers'  salaries  in  addi- 
tion to  the  amount  of  public  money  raised  by  tax  or  otherwise  for  the 
purpose  of  purchasing  sites  for  school  buildings,  repairing  and.  furnishing 
school  houses,  and  such  olher  information  as  the  territorial  superintendent 
may  desire. 


OF    THE    STATE    OF    NEW    MEXICO  10 

Sec.    1  528.      Penalty  for  Failing  to  MaJj:e  Annual  Report. 

That  every  county  superintendent  who  shall  wilfully  neglect  or  refuse 
to  make  and  deliver  to  the  territorial  superintendent  his  annual  report, 
as  required  by  this  act,  within  the  time  limited  therefor,  shall  be  liable 
on  his  bond  for  the  full  amount  of  money  lost  to  the  county  by  such 
neglect  or  refusal,  with  the  interest  thereon  at  1  2  per  centum  per  annum, 
to  be  recovered  by  the  county  treasurer  in  the  name  of  the  county,  from 
the  bondsmen  of  said  superintendent. 

Sec.    1  529. — Present  School  Districts  Declared  Legal. 

That  each  of  the  school  districts  of  the  different  counties  as  now  con- 
stituted, is  hereby  declared  to  be  a  school  district,  until  changed  under 
the  provisions  of  this  act,  and  there  shall  be  established  in  each  district 
one  or  more  schools  in  which  shall  be  taught  orthography,  reading,  writ- 
ing, arithmetic,  grammar,  geography,  the  English  language,  and  the 
history  of  the  United  States. 

Sec.    1530. — Each  School  District  a  Body  Corporate. 

That  each  school  district  shall  be  a  body  corporate  by  the  name  and 

style  of  School  District  Number ,  of  the  County  of  ,  and 

by  such  name  may  contract  and  be  contracted  with,  sue  and  be  sued,  in 
any  of  the  courts  of  this  territory  having  competent  jurisdiction;  and 
every  such  district  shall  hold,  in  the  corporate  name  of  the  district,  the 
title  of  lands  and  other  property  which  may  be  required  by  said  district 
for  school  purposes. 

Sec.    1532. — Election  of  School  Directors. 

(As  amended.)  That  on  the  second  Monday  of  May,  1891,  the 
present  county  school  superintendents  of  the  respective  counties  shall 
cause  to  be  posted  notices  in  at  least  three  public  places  in  each  school 
district,  calling  an  election  to  be  held  for  three  school  directors  of  said 
district,  on  the  first  Monday  in  June  following;  said  election  to  be  held 
by  three  property  holders  in  said  district,  to  be  named  in  said  notice, 
and  after  said  election  is  held,  the  three  directors  elected  shall  hold  office 
for  one  year  and  until  their  successors  are  elected  and  qualified,  and  the 
judges  of  election  shall  certify  the  result  to  the  county  superintendent. 
On  the  second  Monday  of  March  of  each  succeeding  year  the  directors 
serving  at  that  time  shall  post  notices  of  an  election  to  be  held  by  them 
on  the  first  Monday  in  April  by  ihe  qualified  voters  for  three  school  di- 
rectors, whose  term  shall  be  one  year.  Only  legal  voters,  residing  and 
paying  taxes  in  said  district,  shall  be  qualified  to  vote  at  said  election;^' 


*  All  legal  voters,  including  women  possessing  the  qualifications  of 
legal  voters,  shall  be  entitled  to  vote  on  all  matters  affecting  the 
schools.  The  payment  of  taxes  is  not  required.  (See  Constitu- 
tion.) 


i6  COMPILATION    OF    THE    SCHOOL    LAWS 

tHe  votes  shall  be  hy  written  or  printed  ballots,  and  the  election  shall  be 
held  between  the  hours  of  8  a.  m.  'and  5  p.  m.  on  the  first  Monday  of 
April,  at  the  public  school  house  or  some  other  convenient  place  to  be 
specified  in  said  notice;  the  result  of  said  election  shall  be  certified  by 
said  directors  to  the  County  Superintendent,  and  the  term  of  office  of 
said  directors  shall  begin  on  the  first  Monday  of  May  following  their 
election.  The  directors  so  elected  shall  take  and  file  with  the  county 
superintendent,  before  the  first  Monday  of  May,  an  oath  that  they  will 
faithfully  perform  the  duties  of  their  office;  said  oath  shall  be  admin- 
istered by  the  judges  holding  the  election  first  provided  for,  and  at  sub- 
sequent elections  by  the  directors  serving,  and  m  said  oath  shall  be  set 
forth  the  number  of  said  school  districts.  Any  school  director  who  shall 
fail  to  call  the  election  and  post  the  notices  therefor,  or  to  correctly  cer- 
tify the  result  of  such  election  as  required  in  this  section,  shall  be 
deemed  guilty  of  malfeasance  in  office,  and  shall  be  disqualified  from 
again  holding  said  office  by  appointment  or  otherwise  for  a  period  of 
one  year  thereafter,  and  shall  be  summarily  removed  by  the  superintend- 
ent of  schools,  and  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars,  or  imprisoned  in  the  county  jail  not  Icb.s 
than  twenty-five  nor  more  than  one  hundred  days,  the  said  fines  to  go  to 
and  become  a  part  of  the  school  fund  of  the  district  in  which  such  per- 
son was  a  director.  And  it  is  hereby  made  the  duty  of  the  county 
school  superintendent  so  removing  a  director  to  make  affidavit  of  the 
facts  to  the  district  judge,  or  before  any  justice  of  the  peace,  and  to  act 
as  prosecuting  witness  against  said  director.  The  said  school  directors 
shall  truly  canvass  the  vote  cast  at  the  election  and  send  the  ballots  to 
the  county  school  superintendent,  together  with  their  certificate  of  elec- 
tion, where  said  ballots  shall  remain  in  his  custody  for  the  period  of 
thirty  days,  during  which  time  notice  of  contests  may  be  given  by  any 
person  interested.  If  no  such  notice  shall  be  given  within  such  period, 
the  county  school  superintendent  shall  destroy  such  ballots.  But  if  such 
notice  of  contest  be  given,  it  shall  be  his  duty  to  turn  the  same  over,  in 
exactly  the  same  condition  as  they  were  received  by  him,  to  the  Probate 
Clerk  of  his  county,  where  they  may  be  examined  under  the  same  term* 
and  conditions  as  ballots  in  other  cases  of  contested  elections  for  county 
officers,  and  the  same  provisions  shall  apply  to  a  contest  for  the  position 
of  school  director  as  is  provided  by  law  for  contesting  other  county 
officers. 

Sec.    1533. — Organization  and  Duties  of  School  Directors. 
That  five  days  after  their  qualification  the  school  directors  shall  meet 
and  elect  a  chairman  and  a  clerk,  and  two  directors  shall  constitute  a 
quorum,  which  shall  be  competent  to  discharge  all  the  duties  of  a  full 


OF    THE    STATE    OF    NEW    MEXICO  I  7 

board.  Should  a  vacancy  occur  from  any  cause,  notice  shall  be  given  to 
the  county  superintendent  by  the  directors  or  a  director,  and  thereupon 
said  county  superintendent  shall  appoint  a  director  to  fill  such  vacancy 
until  the  next  election.  They  shall  have  the  care  and  keeping  of  the 
school  house  and  other  property  belonging  to  the  school  district,  and*  are 
hereby  authorized  to  open  the  school  houses  for  the  use  of  religious, 
political,  literary,  scientific,  mechanical,  agricultural,  and  industrial  so- 
cieties belonging  to  their  district,  for  the  purpose  of  holding  business  or 
public  meetmgs  of  said  societies. 

Sec.    1535. — (As  Amended.)  Additional  Duties  of  School  Directors. 

That  no  board  shall  issue  warrants  or  certificates  of  indebtedness  of 
the  school  district,  in  excess  of  the  amount  of  the  levy  for  one  year,  but 
all  school  orders  shall  draw  6  per  cent,  interest  per  annum  after  having 
been  presented  to  the  county  treasurer  and  not  paid  for  want  of  funds, 
which  fact  shall  be  indorsed  upon  the  order  by  the  treasurer.  The 
directors  of  the  several  school  districts  shall  also  employ  and  pay  school 
teachers  under  the  restrictions  imposed  by  this  act,  and  shall  have 
the  general  control  and  management  of  the  schools  in  their  resoective 
districts,  subject  to  such  supervision  as  shall  herein  be  conferred  upon 
the  county  superintendent;  and  the  directors  in  the  several  school  dis- 
tricts in  the  territory  shall  on  or  before  the  first  day  of  September  of 
each  year,  make  a'n  enumeration  of  all  unmarried  persons  between 
five  and  twenty-cne  years  of  age,  giving  the  names,  ages  and  sexes  of 
such  persons  in  full,  and  reporting  the  same  in  writing,  which  shall  be 
signed  by  all  the  directors  and  sent  to  the  county  superintendent  within 
fifteen  days  thereafter.  All  resident  unmarried  persons  between  said 
ages  shall  be  entitled  to  attend  the  schools  of  their  districts.  The  clerks 
of  the  several  school  districts  shall,  on  or  before  the  first  of  May  of  each 
year,  make  a  report  to  the  county  superintendent  in  writing  showing  the 
amount  of  money  collected  and  expended  for  school  hou^e  sites,  school 
houses,  and  fuel,  interest  on  school  house  bonds,  contingent  expenses, 
and  for  salaries  paid  teachers,  within  the  twelve  months  preceding.  Any 
school  director  who  shall  willfully  refuse  or  fail  ,to  make  any  report  or 
perform  all  the  duties  required  by  this  section,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  before  the  district  court  of  the  proper 
county,  shall  be  punished  by  a  fine  of  not  more  than  one  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  for  a  period  not  exceeding 
sixty  days,  in  the  discretion  of  the  court. 

Sec.    1536. — Teachers  to  Keep  Records  and  Make  Repo^'ts. 

That  every  person  employed  to  teach  a  school  established  by  this  act, 
or  any  acts  now  in  force,  shall  keep  a  proper  record,  and  at  the  end  of 


18  COMPILATION    OF    THE    SCHOOL    LAWS 

each  term,  make  a  report  to  the  county  superintendent,  showing  the 
whole  number  of  pupils  that  have  attended  school  during  such  term, 
giving  the  names,  ages,  and  sexes,  the  average  daily  attendance,  the 
branches  taught,  and  such  other  facts  as  may  be  deemed  important  as 
showing  the  character  of  the  school  and  the  proficiency  of  the  pupils; 
and  for  failure  to  make  such  report,  he  may  be  fined  in  the  sum  of  not 
more  than  fifty  dollars,  upon  conviction  before  any  justice  of  the  peace. 
No  person  shall  be  paid  any  money  for  teaching  any  school  established 
under  this  act  until  an  order  is  presented,  signed  by  two  of  the  school 
directors  of  the  proper  district  and  endorsed  by  the  county  superin- 
tendent. 

Sec.    \  539. —(Revised  Acts  99,  Chapter  80.) 

Any  tax  collector  who  shall  fail  to  pay  over  all  school  money  col- 
lected by  him  within  thirty  days  after  the  tenth  day  of  each  month  in 
which  the  same  is  collected,  shall  be  summarily  removed  by  the  gov- 
ernor from  the  office  of  collector. 

Sec.    1  540. — Penalty  for  Tax  Collectors  Failing  to  Turn  Over  Money. 

If  the  tax  collector  be  also  sheriff,  such  delinquent  shall  also  be 
removed  from  the  office  of  sheriff  and  forever  thereafter  be  disqualified 
from  holding  either  of  said  offices,  and  the  governor  shall  appoint  a  suc- 
cessor, who  shall  qualify  according  to  law,  and  who  shall  hold  his  office 
during  the  balance  of  the  time  of  the  officer  removed.  It  shall  also  be 
the  duty  of  the  collector  of  taxes  to  keep  the  accounts  of  special  taxes 
levied  by  school  districts,  in  separate  books  provided  for  that  purpose. 
Sec.    1541. — Regarding   the  Issuance  of  Bonds   by  School  Districts. 

That  school  directors  shall  have  power  and  authority  to  borrow  money 
for  the  purpose  of  erecting  and  completing  school  houses  by  issuing 
negotiable  bonds  of  the  district,  to  run  any  period  of  not  less  than 
twenty  years  nor  exceeding  thirty  years,  drawing  interest  at  a  rate  not  to 
exceed  six  per  centum  per  annum,  with  interest  payable  semi-annually, 
at  such  a  place  as  the  board  of  directors  issuing  the  same  may  direct, 
which  said  indebtedness  shall  be  binding  and  obligatory  on  the  school 
districts  for  the  use  of  which  said  loan  shall  be  made;  but  no  district 
shall  permit  a  greater  outstanding  indebtedness  than- an  amount  equal  to 
four  per  centum  of  the  assessed  value  of  the  property  of  such  district. 

Under  the  Constitution,  bonds  amounting  to  six  per  cent  of  assessed 
valuation  may  be  issued. 

Sec.    ]  542. — Issuing  of  Bonds  to  he  Determined  by  Qualified  Electors. 
Term  and  Disposition  of  Bonds. 
That  the  directors  of  any  school  district  may  submit  to  the  voters  of 
their  district  at  the  annual  or  any  special  meeting  called  for  that  pur- 


OF    THE    STATE    OF    NEW    MEXICO  19 

pose,  the  question  of  issuing  bonds  as  contemplated  by  this  act,  giving 
the  same  notice  of  such  meeting  as  is  now  required  to  be  given  for  the 
election  of  directors  by  this  act,  and  the  amount  proposed  to  be  raised 
by  the  sale  of  such  bonds,  which  question  shall  be  voted  upon  by  the 
qualified  electors  of  the  district,  and  if  a  majority  of  all  the  votes  cast 
upon  that  question  be  in  favor  of  the  issue  of  such  bonds,  then  said 
board  shall  issue  bonds  to  the  amount  voted,  in  denominations  of  not 
less  than  twenty-five  dollars,  nor  exceeding  five  hundred  dollars,  due  not 
less  than  twenty,  nor  more  than  thirty  years  after  date,  and  redeemable 
at  the  pleasure  of  the  district  at  any  time  after  ten  years,  which  said 
bonds  shall  be  given  in  the  name  of  the  district  issuing  them  and  shall 
be  signed  by  the  president  of  the  board  of  directors  to  the  county  treas- 
urer, taking  his  receipt  therefor,  and  said  county  treasurer  shall  advertise 
for  the  sale  of  said  bonds  to  the  highest  bidder,  in  at  least  four  issues  of 
some  weekly  paper  published  in  his  county,  or  an  adjoining  county,  and 
shall  countersign  said  bonds  when  negotiated;  the  county  treasurer  shall 
place  the  proceeds  of  such  sale  of  bonds  to  the  credit  of  the  proper  dis- 
trict, to  be  paid  out  as  provided  for  in  the  manner  of  special  district 
tax.  The  county  treasurer  shall  stand  charged  upon  his  official  bond 
with  all  bonds  that  may  be  delivered  to  him,  but  any  bond  or  bonds 
not  sold  may  be  returned  to  the  district  and  the  treasurer  credited  with 
the  same:  Provided,  That  if  such  bonds  are  issued  for  the  building  of 
a  school  house,  that  the  contractor  constructing  the  same  may  receive  in 
payment  such  bonds  at  their  face  value,  or  at  the  price  offered  by  the 
highest  bidder.  Provided,  further.  That  none  of  the  bonds  mentioned 
in  this  act  shall  be  sold  for  less  than  ninety  cents  on  the  dollar. 
Sec.  1 545. — Bonds  Not  to  be  Issued  Until  Boundaries  of  School 
Districts  Have  Been  Established. 

That  no  bonds  of  any  district  shall  be  issued  or  any  special  tax  levied 
until  the  boundaries  of  said  district  shall  have  been  established  and  the 
property  marked  by  monuments  or  by  natural  objects  as  provided  by 
law.  The  boundaries  of  all  school  districts  in  this  territory,  so  far  as 
possible,  shall  coincide  with  the  precinct  boundaries,  and  said  boundaries 
shall  be  established  by  the  proper  authorities,  and  the  corners  thereof 
marked  by  monuments  or  natural  objects  with  the  words.  District  Num- 
ber   — ,  in  a  permanent  manner  marked  upon  them,  and  an  outlined 

map  of  the  district  made,  showing  the  length  and  breadth  thereof,  and 
the  proposed  location  of  the  school  house ;  a  copy  of  said  map  to  be  filed 
with  the  county  superintendent. 

Sec.    1547. — Assessor   to  Make  Assessment  of  District  After  Boun- 
daries Are  Established. 

That  in  any  school  district  where  a  special  tax  is  in  contemplation  of 


20  COMPILATION    OF    THE    SCHOOL    LAWS 

being  levied,  or  of  bonds  being  issued,  and  after  the  boundaries  of  the 
district  have  been  properly  determined  and  marked  for  that  purpose,  it 
shall  be  the  duty  of  the  county  assessor  to  visit  said  district  and  make  an 
assessment  of  all  taxable  property,  both  personal  and  real,  within  said 
school  district,  as  fully  and  completely  as  he  is  now  required  to  make 
the  assessment  of  the  county  and  he  shall  be  governed  by  the  same  rules, 
especially  including  in  such  assessment  all  kinds  of  livestock  which  graze 
wholly  within  the  limit  of  such  district.  The  county  assessor  shall  pro- 
vide each  board  of  district  directors  with  a  copy  of  such  lists  of  taxable 
property  in  the  several  districts. 

Sec.    1548. —  Temporary   School   Fund. 

(As  amended  by  Sees.  17  and  19,  Chapter  1  19,  Laws  of  1903.) 
That  the  following  are  hereby  declared  to  be  and  are  the  temporary 
funds  for  common  school  purposes  and  shall  be  paid  to  the  county  treas- 
urer to  the  general  school  fund  of  each  respective  county: 

First.  The  proceeds  of  all  sales  of  intestate  estates  which  escheat  to 
the  territory. 

Second.  All  forfeitures  or  recoveries  on  bonds  of  county,  precinct 
or  territorial  officers.      (See  Constitution,  Article  XII,  Section  4.) 

Third.  The  proceeds  of  all  fines  collected  for  violation  of  the  penal 
laws.  (See  Constitution,  Article  XII,  Section  4.)  All  moneys  ac- 
cruing under  the  provisions  of  this  section  shall,  on  or  before  the  first 
Monday  in  January,  April,  July  and  October  in  each  year,  be  paid  into 
the  county  treasury  by  the  officer  collecting  the  same,  who  shall  take 
duplicate  receipts  therefor,  one  of  which  he  shall  file  in  the  office  of  the 
county  clerk,  and  all  officers  who  fail  for  two  consecutive  terms  to  make 
such  payment  and  file  said  duplicate  receipts  with  the  county  clerk,  or 
who  shall  have  failed  to  make  quarterly  reports  as  now  required  by 
law,  shall  be  subject  to  summary  removal  from  office  by  the  board  of 
county  commissioners  at  the  next  regular  meeting  thereafter,  and  shall 
also  be  liable  to  indictment  for  malfeasance  in  office  and  false  swearing, 
and  the  person  so  indicted  shall  upon  conviction  thereof  be  ineligible  lo 
hold  said  office  for  the  period  of  two  years  thereafter;  and  judges  of 
the  district  court  are  hereby  required  at  each  term  to  give  this  section  of 
the  law  a  special  charge  to  the  grand  jury,  which  body  is  authorized  to 
especially  inquire  into  and  make  presentment  of  offenses  committed  un- 
der this  act. 

Fourth.     The  proceeds  of  the  sales  of  lost  goods  or  estrays. 

Fifth.  All  moneys  arising  from  licenses  imposed  upon  wholesale 
and  retail  liquor  dealers,  distilleries,  breweries,  wine  presses,  which  now 
pay  license  or  may  hereafter  be  required  to  pay  license. 


OF    THE    STATE    OF    NEW    MEXICO  21 

Thirty-three  and  one-third  per  cent,  of  all  the  moneys  arising  from 
the  above  enumerated  sources,  when  collected,  shall  be  paid  into  the 
county  treasury  to  the  account  of  the  general  county  school  fund  of  each 
county  in  which  collected.  The  collector,  or  person  paying  in  the  above 
enumerated  moneys  to  the  county  treasurer  shall  receive  from  the  county 
treasurer  a  receipt  in  full  for  the  amount  paid  in. 

County  treasurers  shall  quarterly,  on  or  before  the  third  Monday  in 
March,  June,  September  and  December  in  each  year,  notify  the  county 
superintendent  of  schools  in  their  respective  counties  of  all  funds  com- 
ing into  their  hands  for  public  school  purposes  during  the  preceding 
quarter  and  the  total  amount  of  moneys  on  hand  then  available  for  public 
school   purposes. 

Note: — According  to  Article  XII,  Section  4  of  the  Constitution 
"All  fines  and  forfeitures  collected  under  general  laws"  shall  go  into 
the  current  school  fund  of  the  state. 

Sec.  1549.— Po//  Tax.  As  Amended  hy  Chapter  6/,  Laws  1905. 
That  a  poll  tax  of  one  dollar  shall  be  levied  upon  all  able-bodied 
male  persons  of  the  age  of  twenty-one  years  or  over,  for  school  purposes. 
It  shall  be  the  duty  of  the  clerks  of  the  various  school  districts  of  the 
Territory  of  New  Mexico  to  make  out  separate  lists  of  all  persons  liable 
to  pay  a  poll  tax,  resident  in  their  respective  districts  and  the  said  clerk 
shall  receive  three  dollars,  to  be  paid  out  of  any  funds  in  the  hands  of 
the  directors  of  said  school  district  for  such  services,  and  no  other  person 
shall  receive  a  recompense  for  such  service.  It  shall  be  the  duty  of  the 
said  school  district  clerk  to  collect  said  poll  tax  and  said  clerk  shall 
receive  ten  per  centum  of  all  moneys  collected  from  poll  taxes.  The 
school  district  clerks  are  hereby  empowered  to  bring  suit  in  the  name  of 
the  school  district  for  the  collection  of  said  poll  tax,  if  not  paid  within 
thirty  days  after  the  first  demand  has  been  made  for  the  payment  of 
same  from  any  person  so  delinquent.  All  poll  taxes  shall  be  paid  to  the 
county  treasurer  for  the  use  of  the  respective  school  districts  in  which 
the  same  are  collected,  and  the  treasurer  shall  pay  to  the  school  district 
clerk  his  percentage  of  the  gross  amount  collected:  Provided,  That 
no  poll  tax  shall  be  received  by  any  district  clerk  from  any  resident  of 
district  than  the  one  in  which  he  resides:  And,  Provided,  further.  That 
no  poll  tax  shall  be  received  by  any  district  clerk  from  any  resident  of 
any  other  school  district.  No  property  shall  be  exempt  from  execution 
in  suits  for  collection  of  poll  taxes  and  the  justices  of  the  peace  and  con- 
stables shall  not  demand  fees  in  advance  for  such  suits. 

NOTE: — For  conditions  under  which  members  of  militia  and  fire 
companies  may  be  exempt  from  payment  of  poll  tax,  see  Sections 
1763-1766,  C.  L.   1897,  and  Section   79,  Chapter  101,  Laws   1905.) 


22  COMPILATION    OF    THE    SCHOOL    LAWS 

Sec.    1  550. — Duty  of  District  Clerk  in  Respect  to  Poll  Tax.  Amended 
by  Chapter  61,  Laws  1905. 

It  shall  be  the  duty  of  the  school  district  clerks  to  make  at  least  four 
copies  of  the  names  of  persons  liable  to  pay  poll  tax,  and  on  the  first 
Monday  in  February  he  shall  post  one  of  said  lists  in  some  conspicuous 
place  in  their  respective  districts  for  the  information  of  the  people,  and 
on  or  before  the  first  Monday  in  April  the  school  district  clerks  shall 
report  to  the  county  clerk  a  complete  list  of  said  persons  liable  to  pay  a 
poll  tax  in  their  respective  districts,  and  shall  report  said  list  to  the  county 
superintendent  in  writing,  and  shall  report  to  said  superintendent  the 
amount  of  poll  tax  collected,  from  whom  collected,  the  names  of  persons 
still  delinquent  and  the  reasons  for  said  delinquency,  and  further,  one 
list  of  such  persons  Hable  to  pay  a  poll  tax  shall  be  filed  in  the  office 
of  said  clerks. 

Sec.    1552. — District  to  Acquire  Real  Estate. 

That  it  shall  be  lawful  for  any  district  to  take  and  hold  m  its  corpo- 
rate name,  under  the  provisions  of  this  act,  so  much  real  estate  as  may 
be  necessary  for  the  location  and  construction  of  a  school  house  and 
convenient  schools :  Provided,  That  the  real  estate  so  taken,  otherwise 
than  by  consent  of  the  owner,  shall  not  exceed  one  acre.  The  site  so 
taken  must  be  situated  on  some  public  highway  or  thoroughfare. 

Sec.  1553. — Condemnation  of  Land. 
That  if  the  owner  of  any  such  real  estate  refuse  or  neglect  to  grant 
the  necessary  site  on  his  premises,  then  and  in  that  case  the  directors 
may  acquire  title  to  so  much  of  said  land  as  is  necessary  for  school  pur- 
poses, in  the  manner  now  provided  by  law  for  the  condemnation  of  land 
for  railroads  or  other  public  purposes,  and  such  lands  so  taken  shall  be 
deemed  to  be  taken  for  public  use. 

Sec.  1555. — Compulsory  School  Attendance,  Proviso. 
(As  amended  by  Chapter  39,  Laws  1 903  and  Chapter  121,  Laws 
1909.)  Sub-Section  1.  That  the  school  directors  or  board  of  any 
school  district,  town  or  city  in  this  territory,  are  hereby  empowered  and 
required  to  compel  parents,  guardians  or  other  persons  having  the  con- 
trol, care  or  direction  of  children,  when  such  children  do  not  attend 
some  private  or  denominational  school,  to  send  such  children  under  their 
control  to  the  public  school  during  the  entire  time  such  school  is  in 
session  in  each  scholastic  year  in  their  respective  school  communities,  ex- 
cept that  children  referred  to  in  this  act  shall  not  be  less  than  seven  nor 
more  than  fourteen  years  of  age,  or  of  such  physical  disability  as  to 
unfit  them  for  school  duties,  which  disability  shall  be  certified  to  by  some 
regular  practicing  physician:      Provided,   That  the  private   or   denom- 


OF    THE    STATE    OF    NEW    MEXICO  23 

Inational  school  shall  be  equal  in  its  teaching  to  the  public  school  of  the 
district;  and  Provided,  furthery  That  this  section  shall  not  apply  lo 
children  who  live  more  than  three  miles  from  a  public  school. 

Sub-Section  2.  Any  parent,  guardian  or  other  persons  having  the 
control  of  children  and  who  shall  fail  or  refuse  to  send  such  children  to 
school  as  required  by  this  act,  after  the  clerk  of  the  school  district  or  the 
clerk  of  any  town  or  city  school  board  shall  have  given  public  notice 
containing  the  substance  of  this  act,  written  or  printed  in  both  English 
and  Spanish,  by  posting  same  in  some  conspicuous  place  at  three  separate 
points  within  the  district,  or  publishing  the  same  in  some  newspaper 
within  the  district,  shall  be  punisiied  upon  conviction  thereof  by  a  fine 
of  not  less  than  $5  nor  more  than  $25,  or  by  imprisonment  for  not  more 
than  ten  days  in  any  county  jail:  Provided,  That  if  such  parent  or 
guardian  is  not  able,  by  reason  of  poverty,  to  buy  books  for  any  such 
child,  it  shall  be  the  duty  of  any  school  board  of  any  town,  district  or 
city,  upon  the  facts  being  shown  to  the  satisfaction  of  a  majority  thereof, 
to  purchase,  through  the  county  superintendent,  or  through  the  district, 
town  or  city  superintendent,  if  there  be  one,  the  necessary  books  for  the 
use  of  said  child  or  children,  which  books  shall  be  loaned  to  said  indi- 
gent pupil  during  the  school  term,  yet  shall  remain  the  property  of  the 
district  under  the  care  and  custody  of  the  district  clerk:  Provided,  fur- 
ther. That  a  sum  not  exceeding  $50  may  be  expended  in  any  district  in 
any  one  year  for  supplying  indigent  children  with  such  necessary  books 
to  be  paid  for  out  of  the  school  fund  of  such  district,  by  warrants  drawn 
as  in  other  cases:  And  provided  also.  That  there  is  no  school  taught 
within  three  miles  of  the  place  of  residence  of  said  child  by  the  nearest 
established  road. 

Sub-Section  3.  County  superintendents  are  hereby  vested  with  gen- 
eral supervisory  powers  in  this  matter  and  shall  require  directors  to  com- 
ply with  the  provisions  of  the  preceding  section ;  and  it  shall  be  the  duty 
of  the  presiding  judge  of  the  district  court  to  give,  at  each  session  of  the 
court,  the  substance  of  this  law  as  a  special  charge  to  their  respective 
grand  juries,  and  it  is  made  the  duty  of  the  district  attorneys  to  give 
particular  heed  to  the  prosecution  of  causes  growing  out  of  violations  of 
this  act;  and  all  fines  so  collected  for  the  violation  of  this  act  shall  be 
paid  into  the  county  treasury  and  placed  to  the  credit  of  the  school  dis- 
trict in  which  the  offense  occurs. 

Sec.    1  556. — Actual  Residents  Permitted  to  Attend  School  Regardless 

of  Race  or  Nationality. 

(As  amended  by  Chapter  78,  Laws   1901.)      That  pupils  who  are 

actual  residents  of  a  district  shall  be  permitted  to  attend  school  in  the 

same,  regardless  of  the  time  when  they  acquire  such  residence,  whether 


24  COMPILATION    OF    THE    SCHOOL    LAWS 

before  or  after  the  enumeration.  That  any  teacher,  school  directors,  or 
members  of  any  board  of  education  connected  with  the  common  schools 
in  this  territory  who  shall  refuse  to  receive  any  pupil  at  school  on  ac- 
count of  race  or  nationality,  the  said  pupil  being  entitled  to  attend  school 
in  said  district  as  hereinbefore  provided,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  before  any  justice  of  the  peace  or  district 
court,  shall  be  fined  in  a  sum  of  not  less  than  fifty  dollars  nor  more  than 
one  hundred,  and  imprisoned  in  the  county  jail  for  three  months,  and 
shall  be  forever  barred  from  teaching  school  or  to  hold  any  office  of 
honor  or  profit  in  this  territory. 

Sub-Section  1 .  That  the  superintendent  of  the  county  is  by  this  act 
required  to  summarily  remove  from  office  or  employment  any  person 
violating  the  provisions  of  the  preceding  section,  and  upon  failure  to  do 
so  he  shall  be  removed  from  office  by  the  superintendent  of  pubHc  in- 
struction, who  is  hereby  authorized  and  empowered  to  fill  said  vacancy. 

Sec.    1557. — Definition  of  School  Da])  and  Month. 
That  the  school  month  shall  consist  of  four  weeks,  of  five  days  each, 
and  a  school  day  shall  consist  of  six  hours. 

Sec.  I  560. — Property  Exempt  from  School  Taxes, 
That  the  following  classes  of  property  shall  be  exempt  from  taxation 
for  school  purposes:  Property  of  the  United  States,  of  this  territory, 
of  counties,  cities,  towns  and  other  municipal  corporations,  when  de- 
voted entirely  to  public  use,  and  not  held  for  pecuniary  profit;  all  public 
libraries;  the  grounds,  buildings,  books,  papers  and  apparatus  of  literary, 
scientific,  benevolent,  agricultural  and  religious  institutions,  and  societies 
devoted  exclusively  to  the  appropriate  object  of  those  institutions,  and 
not  leased  or  otherwise  used  with  a  view  to  pecuniary  profit;  and  ceme- 
teries not  held  for  pecuniary  profit:  Provided,  That  mines  and  mining 
claims  shall  pay  a  tax  upon  the  net  product  and  upon  the  surface  im- 
provements only. 

Sec.    1561. — Municipalities    Governed   /?p   Provisions   of    This   Act. 
All  cities  and  towns  now  organized  by  virtue  of  the  authority  of  for- 
mer acts,  and  all  cities  and  towns  hereafter  organized  under  any  law 
of  this  territory,  shall  be  governed  by  the  provisions  of  this  act. 

Sec.  1  562. — Schools  in  Municipalities  Free;  Exceptions. 
In  each  city  or  town  governed  by  this  act  there  shall  be  established 
and  maintained  a  system  of  free  common  schools,  which  shall  be  kept 
open  no  less  than  three  nor  more  than  ten  months  in  any  one  year,  and 
shall  be  free  to  all  children  residing  in  such  city  or  town,  between  the 
ages  of  five  and  twenty  years.      But  the  board  of  education  may,  when 


OF    THE    STATE    OF    NEW    MEXICO  25 

school  room  accommodations  are  insufficient,  exclude  for  the  time  being 
children  between  the  ages  of  five  and  seven  years. 

NOTE: — The  Constitution  provides  for  a  minimum  term  of  five 
months. 

Sec.    1563.- — When  Adjacent   Territory  Ma^  be  Attached  to  Muni- 
cipalit}^,  for  School  Purposes. 

Territory  outside  the  city  limits,  but  adjacent  thereto,  may  be  attached 
to  such  city  or  town  for  school  purposes,  upon  application  to  the  board 
of  education  of  such  city  or  town  by  a  majority  of  the  electors  of  such 
adjacent  territory,  and  upon  such  application  being  made  to  the  board 
of  education  they  shall,  if  they  deem  it  proper  and  to  the  best  interests 
of  the  school  of  said  city  or  town  and  the  territory  seeking  to  be  at- 
tached, issue  an  order  attaching  such  territory  to  such  city  or  town  for 
school  purposes  and  to  enter  the  same  upon  their  journal,  and  such 
territory  shall,  from  the  date  of  such  order  be.  and  compose  a  part  of 
such  city  or  town  for  school  purposes  only,  and  the  taxable  property  of 
such  adjacent  territory  shall  be  subject  to  taxation,  and  shall  bear  its 
full  proportion  of  all  expenses  incurred  in  the  erection  of  school  build- 
ings and  in  maintaining  the  schools  of  such  city  or  town.  Whenever  the 
territory  so  attached  shall  have  attained  a  population  equal  to  that  of 
any  ward  of  such  city  or  town,  or  whenever  the  taxable  property  of  such 
attached  territory  shall  equal  that  of  any  one  ward  of  such  city  or  town, 
such  attached  territory  shall  be  entitled  to  elect  two  members  of  the 
board  of  education,  who  shall  be  elected  at  the  same  time  that  other 
members  of  the  board  are  elected,  by  the  qualified  electors  of  such  ter- 
ritory, at  an  election  to  be  held  at  such  place  as  the  board  of  education 
may  designate.      (See  Chap.  43,  L.    1912.) 

Sec.    1  564. — School  Boards  to  he  Bodies  Corporate. 

The  public  schools  of  each  city  organized  in  pursuance  of  this  act 
shall  be  a  body  corporate,  and  shall  possess  the  usual  powers  of  a  cor- 
poration for  public  purposes,  by  the  name  and  style  of  the  Board  of 

Education  of  the  City,   (or  Town)  of  ,  of  the  Territory  of  New 

Mexico,  and  in  that  name  may  sue  or  be  sued,  and  be  capable  of  con- 
tracting and  being  contracted  with,  of  holding  and  conveying  such  real 
and  personal  estate  as  it  may  come  mto  possession  of  by  will  or  other- 
wise, or  as  is  authorized  to  be  purchased  by  the  provisions  of  this  act. 
Sec.    1565.  —  School  Property   to   he  Conveyed   to  Local  Board  of 

Education. 

Any  city  or  town  is  hereby  authorized  and  required,  upon  request  of 
the  board  of  education  of  such  city  or  town,  to  convey  to  said  board  of 
education  all  property  within  the  limits  of  any  such  city  or  town  hereto- 
fore purchased  by  any  such  city  or  town  for  school  purposes  and  now 


26  COMPILATION    OF    THE    SCHOOL    LAWS 

held  and  used  for  such  purposes,  the  title  to  which  is  vested  in  any  such 
city  or  town. 

Sec,    1566. — Hotv  Deed  Shall  be  Executed. 

All  conveyances  for  the  property  mentioned  in  the  preceding  section 
shall  be  signed  by  the  mayor  and  attested  by  the  clerk  of  said  city  or 
town,  and  shall  have  the  seal  of  the  city  or  town  affixed  thereto,  and  be 
acknowledged  by  the  mayor  of  such  city  or  town,  in  the  same  manner  as 
other  conveyances  of  real  estate. 

Sec.    1  567. — Boards;  How  Elected.     Incorporated  Towns  Not  Sub- 
divided Into  Wards,  to  Elect  Boards  of  Education. 

At  each  annual  city  or  town  election,  there  shall  be  a  board  of  edu- 
cation, consisting  of  two  members  from  each  ward,  elected  by  the  quali- 
fied voters  thereof,  one  of  whom  shall  be  elected  annually,  and  shall 
hold  his  office  for  a  term  of  two  years,  and  until  his  successor  is  elected 
and  qualified:  Provided,  That  no  member  of  the  board  of  education 
shall  be  a  member  of  the  council  or  town  trustees,  nor  shall  any  member 
of  the  council  or  town  trustees  be  a  member  of  the  board  of  education. 
That  all  incorporated  towns  in  the  territory  not  laid  off  in  wards  shall 
at  the  next  municipal  election  elect  a  board  of  education,  consisting  of 
three  members,  one  of  whom  shall  serve  for  the  term  of  three  years,  one 
for  the  term  of  two  years,  and  one  for  the  term  of  one  year,  and  there- 
after at  each  annual  election  there  shall  be  elected  one  member  of  the 
board,  who  shall  serve  for  the  term  of  three  years.  Each  member  of  the 
board  of  education  shall  be  a  qualified  voter  of  the  Territory  of  New 
Mexico,  and  shall  have  resided  in  the  district  at  least  two  years  next 
preceding  the  election,  and  shall  be  a  taxpayer.  (See  Chap.  43,  L. 
1912.) 

Sec.    1  568. — Vacancies;  How  Filled. 

The  board  of  education  shall  have  power  to  fill  any  vacancy  which 
may  occur  in  their  body:  Provided,  That  any  vacancy  occurring  more 
than  ten  days  previous  to  the  annual  election  and  having  an  unexpired 
term  of  one  year,  shall  be  filled  at  the  first  annual  election  thereafter, 
and  the  ballots  and  returns  of  elections  shall  be  designated  as  follows: 
To  fill  unexpired  term. 

Sec.    1  569. — To  Elect  Officers,   and  Establish  High  School,    When 

Necessary. 

The  board  of  election  shall  have  power  to  elect  their  own  officers, 
except  the  treasurer;  to  make  their  own  rules  and  regulations,  subject  to 
the  provisions  of  this  act;  to  organize  and  maintain  a  system  of  graded 
schools;  to  establish  a  high  school  whenever  in  their  opinion  the  educa- 
tional interests  of  the  city  demand  the  same,  and  to  exercise  the  sole 
control  over  the  schools  and  school  property  of  the  city  or  town. 


OF    THE   STATE    OF    NEW    MEXICO  27 

Sec.    ]  570.— When  Officers  Shall  he  Elected. 

The  board  of  education  at  its  regular  meeting  in  May  of  each  year, 
shall  organize  by  the  election  of  a  president  and  vice-president  from 
among  its  own  members,  each  of  whom  shall  serve  for  the  term  of  one 
year,  or  until  their  successors  are  elected  and  qualified;  they  shall  also 
elect  a  clerk,  who  shall  hold  his  office  during  the  pleasure  of  the  board, 
and  who  shall  receive  such  compensation  for  his  services  as  the  board 
may  allow.      (See  Chap.  43,  L.   1912.) 

Sec.    1571.  —  Treasurer   of   Municipalities    Ex-Officio    Treasurer'  of 
Board  of  Education. 

The  tresurer  of  the  city  or  town  shall  be  ex-officio  treasurer  of  the 
board  of  education,  and  shall  give  such  bond  to  the  board  of  education 
as  the  board  may  require,  said  bond  to  be  approved  by  the  board  of 
education  and  filed  with  its  clerk.  It  shall  be  the  duty  of  the  treasurer 
to  deposit  daily  all  money  belonging  to  the  board  of  education,  in  some 
responsible  bank,  to  be  designated  by  the  board  of  education,  in  the 
name  of  such  treasurer  as  such  officer,  which  bank  shall  pay  interest  on 
monthly  average  balances  as  may  be  agreed  upon  by  such  bank  and 
the  board  of  education,  and  before  making  such  deposit  the  board  of 
education  shall  take  from  such  bank  a  good  and  sufficient  bond  in  a 
sum  to  be  designated  by  the  board  of  education,  conditioned  that  such 
deposit  shall  be  paid  on  the  check  or  draft  of  said  treasurer.  The  treas- 
urer shall  attend  all  the  meetings  of  the  board  when  required  to  do  so; 
shall  prepare  and  submit  in  writing  a  monthly  report  of  the  finances  of 
said  board,  and  shall  pay  school  moneys  only  upon  a  warrant  signed  by 
the  president,  or  in  his  absence,  by  the  vice-president,  and  countersigned 
by  the  clerk.  The  treasurer  shall  receive  from  the  board  of  education 
fifty  dollars  per  annum  for  his  services  as  treasurer,  and  no  more. 
Sec.    1572.  —  No  Member  of  Board  of  Education  to  Receive  Pa\). 

No  member  of  the  board  of  education  shall  receive  any  pay  or 
emolument  for  his  services. 

Sec.    1  573. — Duties  of  President  of  Board  of  Education. 

It  shall  be  the  duty  of  the  president  to  preside  at  all  meetings  of  the 
board  of  education,  to  appoint  all  committees,  whose  appointment  is  not 
otherwise  provided  for,  and  to  sign  all  warrants  ordered  by  the  board 
of  education  to  be  drawn  upon  the  treasurer  for  school  moneys. 

Sec.    1574. — Duties  of   Vice-President  of  Board  of  Education. 
It  shall  be  the  duty  of  the  vice-president  to  perform  all  the  duties  of 
the  president,  in  case  of  his  absence  or  disability. 

Sec.    1575. — Duties  of  Clerk  of  Board  of  Education. 
It  shall  be  the  duty  of  the  clerk  to  be  present  at  all  meetings  of  the 


28  COMPILATION    OF    THE    SCHOOL    LAWS 

board,  to  keep  an  accurate  journal  of  its  proceedings,  to  take  charge  of 
its  books  and  documents,  to  countersign  all  warrants  for  school  moneys 
drawn  upon  the  treasurer  by  order  of  the  board  of  education,  and  to 
perform  such  other  duties  as  the  board  of  educatioij  or  its  committees 
may  require. 

Sec.    \576.— Clerk  Shall  Give  Bond. 
Before  entering  upon  the  discharge  of  his  duties,   the  clerk  of  the 
board  of  education  shall  give  bond  in  the  sum  of  one  thousand  dollars, 
with  good  and  sufficient  sureties,  to  be  approved  by  the  board,  condi- 
tioned upon  the  faithful  performance  of  the  duties  of  his  office. 

Sec.    1577. — When  and  Hon>  Additional  Tax  May  he  Levied. 

The  board  of  education  shall,  on  or  before  the  first  day  of  August 
of  each  year,  levy  a  tax  for  the  support  of  the  schools  of  the  city  or 
town  for  the  fiscal  year  next  ensuing,  not  exceeding  in  any  one  year  five 
mills  on  the  dollar,  on  all  personal,  mixed  and  real  property  within  the 
district  which  is  taxable  according  to  the  laws  of  the  Territory  of  New 
Mexico  for  school  purposes,  which  levy  shall  be  approved  by  the  city 
council  or  town  trustees,  and  when  so  approved  the  clerk  of  the  board 
shall  certify  to  it  to  the  county  clerk,  who  is  hereby  authorized  and 
required  to  place  the  same  on  the  tax  roll  of  said  county,  to  be  collected 
by  the  collector  of  the  county  as  are  other  taxes,  and  paid  over  by  him 
to  the  treasurer  of  the  board  of  education  of  whom  he  shall  take  a 
receipt  in  duplicate,  one  of  which  he  shall  file  in  his  office,  and  the 
o'-^r  he  shall  forthwith  transmit  to  the  clerk  of  the  board  of  education. 
This  section  shall  not  be  construed  to  change  alter,  modify  or  amend 
section  one  thousand  five  hundred  and  fifty-eight  or  any  part  of  the  act 
of  which  it  is  an  amendment,  with  reference  to  the  amount  to  be  raised 
by  taxation  for  school  purposes;  but  the  provisions  of  this  section  with 
reference  to  taxation  for  schools  under  this  section,  and  said  law  shall 
be  held  and  taken  to  be  in  addition  to  the  provisions  of  the  act  above 
referred  to  in  this  section.      (See  Chap.  5  1 ,  L.   1912.) 

Sec.    1578. — Property  Subject  to   Taxation. 

The  taxable  property  of  the  whole  city  or  town,  including  the  terri- 
tory attached  for  school  purposes,  shall  be  subject  to  taxation.  All  taxes 
collected  for  the  benefit  of  the  schools  shall  be  paid  in  money,  and  shall 
be  placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of  the 
board  of  education. 
Sec.    1579. — Regular  and  Special  Meetings  of  Board  of  Education. 

The  regular  meetings  of  the  Board  of  Education  shall  be  upon  the 
first  Monday  of  each  month,  but  special  meetings  may  be  held  from 
time  to  time,  as  circumstances  may  demand. 


OF    THE    STATE    OF    NEW    MEXICO  29 

Sec.  1  580. — Reports  of  Board  of  Education,  Printing  and  Distribu- 
tion of.  .  . 
The  board  of  education,  at  the  close  of  each  school  year,  or  as  soon 
thereafter  as  practicable  shall  make  an  annual  report  of  the  progress, 
prosperity  and  condition,  financial  as  well  as  educational,  of  all  the 
schools  under  their  charge;  and  said  report,  or  such  portion  of  it  as  the 
board  of  education  shall  consider  of  advantage  to  the  public  shall  be 
printed  either  in  a  public  newspaper  of  in. pamphlet  form,  and  a  copy 
furnished  the  county  and  the  territorial  superintendent. 

Sec.  1581. — Expenditures;  Limitations. 
No  expenditure  involving  an  amount  greater  than  two  hundred  dol- 
lars shall  be  made,  except  in  accordance  with  the  provisions  of  a  written 
contract,  and  no  contract  involving  an  expenditure  of  more  than  five 
hundred  dollars,  for  the  purpose  of  erecting  any  public  buildings  or 
making  any  improvements,  shall  be  made  except  upon  sealed  proposals, 
and  to  the  lowest  responsible  bidder. 

Sec.    I  582. — Sectarian  Doctrines  Not  to  be  Taught. 
No   sectarian  doctrine  shall  be   taught  or  inculcated   in   any   of   the 
public  schools  of  the  city  or  town. 

Sec.    I  583. — School  Property  Exempt  From    Taxation. 
All  property  held  by  the  board  of  education  for  the  use  of  public 
schools  shall  be  exempt  from  taxation,  and  shall  not  be  taken  in  any 
manner  for  any  debt  due  from  the  city. 

Sec.    1  584 — Election  May  be  Ordered  for  Issuing  Bonds.     Terms  of 

Bonds. 
Any  city  or  incorporated  town  in  this  territory  which  shall,  by  the 
action  of  its  common  council,  trustees  or  school  directors,  have  purchased 
any  ground  and  building  or  buildings,  or  may  hereafter  purchase  any 
ground  and  building  or  buildings,  or  has  commenced  or  may  hereafter 
commence  the  erection  of  any  building  or  buildings  for  school  purposes, 
or  which  shall  have  by  its  school  directors,  common  council  or  trustees^ 
contracted  any  debts  for  the  erection  of  such  building  or  buildings,  or 
the  purchase  of  such  ground  and  building  or  buildings,  or  such  school 
directors,  trustees  or  common  council  shall  not  have  the  necessary  means 
with  which  to  complete  such  building  or  buildings,  or  to  pay  for  the 
purchase  of  such  ground  and  building  or  buildings,  or  pay  such  debt, 
may  on  filing  by  the  school  directors,  trustees  or  common  council  of  said 
city  or  town  of  a  report  under  oath  with  the  board  of  education  of  such 
city  or  town,  showing  the  estimated  or  actual  cost  of  any  such  ground 
and  building  or  buildings,  or  the  amount  required  to  complete  such 
building  or  buildings,  or  purchase  such  ground  and  building  or  buildings, 


30  COMPILATION    OF    THE    SCHOOL    LAWS 

or  the  amount  of  such  debt,  it  shall  be  lawful  for  the  board  of  educa- 
tion to  order  an  election  for  the  issuing  of  bonds  of  said  school  district 
in  said  city  or  town,  to  an  amount  to  liquidate  such  proposed  indebted- 
ness. And  the  said  boards  of  education  are  hereby  authorized  and  em- 
powered to  issue  such  bonds  in  conformity  with  the  requirements,  and  in 
like  manner  that  school  bonds  are  issued.  And  the  said  boards  of  edu- 
cation are  authorized  and  empowered  to  issue  bonds  to  raise  funds  for 
the  purchase  of  school  site  or  sites  ,or  to  erect  a  suitable  building  or 
buildings  thereon,  or  to  fund  any  bonded  indebtedness  for  school  pur- 
poses of  such  city  or  town:  Provided,  That  no  bonds  shall  be  issued 
until  the  question  shall  be  submitted  to  the  people  and  a  majority  of  the 
qualified  electors  who  shall  vote  on  the  question,  at  an  election  called 
for  that  purpose,  shall  have  declared  by  their  votes  in  favor  of  issuing 
such  bonds.  The  rate  of  interest  on  such  bonds  shall  not  exceed  six 
per  cent,  per  annum,  payable  annually  or  semi-annually,  at  such  place 
as  may  be  mentioned  upon  the  face  of  said  bonds,  which  bonds  shall  be 
payable  in  no  less  than  twenty,  nor  more  than  thirty  years  from  their 
date,  and  the  board  of  education  is  hereby  authorized  and  empowered 
to  sell  such  bonds  at  not  less  than  par. 

Sec.  1585. — Elections  to  Vote  Bonds.  Hotp  Canceled.  Returns. 
It  shall  be  the  duty  of  the  mayor  of  each  city  or  town  governed  by 
this  act  upon  the  request  of  the  board  of  education,  forthwith  to  call  an 
election,  to  be  conducted  in  all  respects  as  are  the  elections  for  city  or 
town  officers  in  the  same  cities  or  towns,  except  that  the  returns  shall  be 
made  to  the  board  of  education  for  the  purpose  of  taking  the  sense  of 
such  district  upon  the  question  of  issuing  such  bonds,  naming  in  the 
proclamation  of  such  election  the  amount  of  bonds  asked  for,  and  the 
purpose  for  which  they  are  to  be  issued. 

Sec.    1586. — Bonds;    fcij    Whom   Executed,    and    What    The^   Shall 

Specif]). 
The  bonds,  the  issuance  of  which  is  provided  for  in  the  foregoing 
section,  shall  be  signed  by  the  president,  attested  by  the  clerk,  and 
countersigned  by  the  treasurer  of  the  board  of  education;  and  said 
bonds  shall  specify  the  rate  of  interest  and  the  time  when  principal  and 
interest  shall  be  paid,  and  each  bond  so  issued  shall  be  for  a  sum  not 
less  than  fifty  dollars. 

Sec.    1  587. — Tax  Levy  for  Interest  and  Sinl^ing  Fund. 
The  board  of  education  at  the  time  of  its  annual  levy  of  taxes  for 
the  support  of  schools,  as  hereinbefore  provided,  shall  also  levy  a  suffi- 
cient amount  to  pay  the  interest  as  the  same  accrues  on  all  bonds  issued 
under  the  provisions  of  this  act,  and  also  to  create  a  sinking  fund  for 


OF    THE   STATE    OF    NEW   MEXICO  31 

the  redemption  of  said  bonds,  which  it  shall  levy  and  collect,  in  addition 
to  the  rate  per  cent,  authorized  by  the  provisions  aforesaid  for  school 
purposes;  and  said  amount  of  funds,  when  paid  into  the  treasury,  shall 
be  and  remain  a  specific  fund  for  said  purpose  only,  and  shall  not  be 
appropriated  in  any  other  way  except  as  hereinafter  provided:  Pro- 
vided, There  shall  be  no  levy  for  sinking  fund  until  ten  years  after  the 
issue  of  such  bonds  if  they  be  for  twenty  years;  and  twenty  years  after 
the  issue  if  they  be  for  thirty  years  and  the  levy  in  any  one  year  shall 
not  exceed  five  mills  on  the  dollar  for  such  sinking  fund,  and  the  total 
levy  in  any  one  year  shall  not  exceed  ten  mills  on  the  dollar  for  all  pur- 
poses: Provided,  further.  That  the  levy  for  interest  on  such  bonds  as 
may  be  issued  by  such  city  or  town  shall  not  exceed  in  any  one  year  an 
amount  required  to  pay  the  annual  interest.      (See  Chap.  51,  L.  1912.) 

Sec.  1 588.  —  Coupons  to  be  Promptly)  Paid,  and  How  Canceled. 
Whenever  the  interest  coupons  of  the  bonds  hereinbefore  authorized 
shall  become  due,  they  shall  be  promptly  paid,  on  presentation,  by  the 
treasurer,  out  of  any  money  in  his  hands  collected  for  that  purpose,  and 
he  shall  endorse  upon  the  face  of  such  coupons  in  red  mk  the  word. 
Paid,  and  the  date  of  payment,  and  sign  the  initials  of  his  name. 

Sec.    1  589.  —  School  Funds   and  Property  Pledged  in  Payment  of 

Interest. 

The  school  fund  and  property  of  such  city  or  town  and  territory  at- 
tached for  school  purposes,  is  hereby  pledged  to  the  payment  of  the 
interest  and  principal  of  the  bonds  mentioned  in  this  act,  as  the  same 
may  become  due. 

Sec.    1  590. — Duty  of  Clerk  to  Register  Bonds. 

It  shall  be  the  duty  of  the  clerk  of  the  board  of  education  to  register, 
in  a  book  provided  for  that  purpose,  the  bonds  issued  under  this  actr 
and  all  warrants  issued  by  the  board,  which  said  register  shall  show  the 
number,  date,  and  amount  of  said  bonds,  and  to  whom  made  payable. 

Sec.    1591. — Official  Oaths  and  Filing  of. 

Each  member  of  the  board  of  education  and  officer  provided  for  in 
this  act  shall  take  and  subscribe  an  oath  or  affirmation  to  support  the 
Constitution  of  the  United  States  and  the  laws  of  New  Mexico,  and 
faithfully  perform  the  duties  of  his  office.  The  oath  and  bond  of  the 
clerk  shall  be  filed  with  the  treasurer,  and  all  other  oaths  and  bonds 
shall  be  filed  with  the  clerk. 

Sec.    1  592. — Previous   Transfers  Legalized. 

That  all  transfers  of  school  district  property  heretofore  made  in  any 
school  district  in  this  territory  are  hereby  declared  valid  and  legal,  and 


32  COMPILATION    OF    THE    SCHOOL    LAWS 

hereafter  school  district  property  shall  not  be  transferred  by  school 
boards,  except  upon  the  petition  of  a  majority  of  the  qualified  electors 
of  any  school  district  desiring  such  transfer. 

Sec.    1597. — Legalizing  Transfer  of  School  Property. 
That  all  transfers  of  school  district  property  heretofore  made  by  any 
school  board  in  any  school  district  in  this  territory  are  hereby .  declared 
valid  and  legal  and  all  such  transfers  are  hereby  ratified  and  confirmed. 

Sec.    1 600.  —  Board    of    Trustees    to    Transfer   Certain   Property    to 

School  Districts. 
When  the  corporate  authorities  of  any  town  or  the  probate  judge  of 
the  county,  for  any  county  in  this  territory  in  which  any  town  may  be 
situated,  shall  have  entered  at  the  proper  land  office  the  land  or  any 
part  of  the  land  settled  and  occupied  at  the  site  of  such  town  pursuant  to 
and  by  virtue  of  the  provisions  of  the  act  of  Congress,  entitled.  An  Act 
for  the  Relief  of  Citizens  of  Towns  Upon  Lands  of  the  United  States 
Under  Certain  Circumstances  passed  May  23rd,  1844,  and  any  amend- 
ments that  may  be  made  thereto,  or  where  such  land  may  be  entered  by 
the  proper  authorities  under  and  by  virtue  of  any  special  act  of  Con- 
gress, and  where  the  corporate  authorities  have  failed,  or  hereafter  fail, 
to  comply  with  the  provisions  of  Chapter  3,  Title  40,  and  any  blocks, 
lots,  shares  or  parcels  of  said  land  remain  unsold*  the  title  to  said  unsold 
blocks,  lots,  shares  or  parcels  of  land  shall  vest  and  be  in  the  school 
district  in  which  said  land  is  located,  and  it  shall  be  the  duty  of  the 
board  of  trustees  of  such  town  to  transfer,  by  proper  deed  of  convey- 
ance, said  unsold  blocks,  lots,  shares  or  parcels  of  land  to  the  board  of 
education  of  such  school  district. 

Sec.    1601. — Unsold  Parcels  of  Land  to  be  Deeded  to  the  Board  of 

Education. 

Within  thirty  (30)  days  after  the  passage  of  this  act,  the  board  of 
trustees  of  any  town,  located  as  above  and  having  unsold  blocks,  lots, 
shares  or  parcels  of  land  therein,  shall  deed  the  same  to  the  board  of 
education  of  such  school  district,  in  case  said  unsold  blocks,  lots,  shares, 
and  parcels  of  land  have  not  been  heretofore  transferred  to  the  said 
board  of  education;  and  any  transfer  of  such  unsold  blocks,  lots,  shares, 
or  parcels  of  land  heretofore  made  by  the  board  of  trustees  of  any  town 
to  the  board  of  education  of  such  school  district  are  hereby  declared 
valid  and  legal,  and  all  such  transfers  are  hereby  ratified  and  confirmed. 
Sec.    1  602. — Boards  of  Appraisers  to  he  Appointed. 

The  board  of  education  of  any  such  school  district,  after  such  unsold 
blocks,  lots,  shares  or  parcels  of  land  shall  be  conveyed  as  above  pro- 
vided, shall  appoint  by  order  or  resolution  a  board  of  appraisers,  to  con- 


OF    THE    STATE    OF    NEW   MEXICO  33 

sist  of  three  freeholders  of  any  school  district,  who  shall  have  no  interest 
in  said  unsold  blocks,  lots,  shares  or  parcels  of  land  or  the  improvements 
thereon.  Each  of  said  apraisers  shall  take  an  oath  to  faithfully  dis- 
charge his  duties  as  such  appraiser  and  shall  file  such  oath  in  the  office 
of  the  clerk  of  said  board  of  education  before  commencing  his  duties  as- 
such  appraiser.  In  case  such  appraiser  should  fail  or  neglect  to  make 
the  appraisement  hereinafter  specified  and  file  the  same  with  the  clerk 
of  such  board  of  education  within  ten  days  after  their  appointment,  then 
said  board  may  appoint  a  new  board  of  appraisers  for  the  purpose  herein 
provided. 

Sec.  I  603. — Dut\)  of  Appraisers. 
Said  appraisers  shall  appraise  all  such  blocks,  lots,  shares,  and  par- 
cels of  land  thus  conveyed  to  such  board  of  education,  at  their  just  and 
full  cash  value,  and  file  their  written  appraisement  as  aforesaid.  Said 
appraisement  shall  contain  a  description  of  each  lot  or  parcel  of  land  so 
appraised  and  a  statement  of  the  cash  value  of  each  lot  and  parcel  of 
land  so  appraised.  Said  appraisers  shall  make  a  separate  statement  of 
the  value  of  such  lots  and  parcels  of  land  without  improvements  and  the 
aggregate  value  of  both;  there  shall  be  attached  to  such  appraisement  a 
written  affidavit  of  the  said  appraisers,  verifying  each  statement  of  such 
appraisement  and  alleging  that  each  of  said  lots  or  parcels  of  land  is 
appraised  at  its  just  and  full  value. 

Sec.  1  604. — Lots  Ma^  be  Sold  at  Not  Less  Than  Appraised  Value. 
Any  or  all  of  said  lots  may  be  sold  at  any  time  by  such  board  of 
education  either  at  public  vendue  to  the  highest  bidder  for  cash,  or  at 
private  sale  for  cash,  in  the  discretion  of  the  board  of  education:  Pro- 
vided, That  no  block,  lot,  share  or  parcel  of  land  shall  be  sold  for  less 
than  the  appraised  value  thereof. 

Sec.    1  605. — Procedure  in  Respect  to  Sale  of  Lots. 

When  any  said  blocks,  lots,  shares,  or  parcels  of  land  are  to  be  sold 
at  public  vendue,  the  president  of  the  board  of  education  shall  give 
notice,  signed  in  his  official  capacity,  of  the  time  and  place  of  sale  of 
blocks,  lots,  shares  or  parcels  of  land  to  be  sold,  by  advertisement,  pub- 
lished in  the  county  where  such  school  district  is  situated,  or  if  no  ♦news- 
paper is  published  in  said  county,  then  in  the  newspaper  published  near- 
est said  school  district.  Such  public  sale  shall  be  advertised  to  be  made 
at  some  public  place  in  said  town,  and  to  be  sold  at  some  specified  time 
between  the  hours  of  sunrise  and  sunset. 

Sec.   1 606.— How  Offered  for  Sale. 

Such  lots  or  parcels  of  land  shall  be  offered  for  sale  singly,  unless  a 
greater  price  can  be  obtained  by  selling  several  lots  or  parcels  of  land 


34  COMPILATION    OF    THE    SCHOOL    LAWS 

together,  in  which  case  several  lots  or  parcels  of  land  can  be  sold  to- 
gether. Such  public  sale  may  be  continued,  if  necessary,  from  day  to 
day,  for  a  period  not  to  exceed  three  days  at  any  one  sale. 

Sec.  1607. — Nen>  Appraisements. 
A  new  appraisement  of  lots  or  parcels  of  land  to  be  sold  shall  be 
made  in  case  no  appraisement  thereof  has  been  made  for  three  months 
next  preceding  the  date  of  such  sale.  Said  new  appraisement  shall  be 
made,  either  by  the  old  board  of  appraisers,  or  a  new  board  of  apprais- 
ers, to  be  appointed  in  the  same  manner  and  with  the  same  quahfications 
as  the  first  board  of  appraisers.  New  boards  of  appraisers  may  be  ap- 
pointed whenever  necessary  to  have  any  of  said  blocks,  lots,  shares  or 
parcels  of  land  appraised  for  sale. 

Sec.    1608. — Mone^;  How  Applied. 

The  moneys  arising  from  the  sale  of  said  blocks,  lots,  shares  and 
parcels  of  land,  after  defraying  the  expense  of  such  sales,  shall  be  paid 
into  the  treasury  of  such  school  district  and  applied  to  the  support  and 
maintenance  of  free,  non-sectarian  public  schools,  within  the  limits  of 
any  such  school  district,  or  used  and  expended  by  said  school  district, 
or  used  and  expended  by  said  school  district  in  the  erection  of  school 
buildings  for  the  use  of  the  public  schools  of  said  district  and  for  fur- 
nishing such  buildings,  and  for  no  other  purpose. 

Sec.  1906. — Persons  Having  Improved,  May  Purchase. 
In  all  cases  when  prior  to  the  taking  effect  of  this  act  any  person  may 
have  entered  thereon  and  improved  any  lots  belonging 'to  such  school 
district,  such  person,  after  the  report  of  such  board  of  appraisers,  may 
purchase  any  of  such  lots  from  the  said  board  of  education  for  cash  at 
the  appraised  value  of  said  lots,  exclusive  of  improvements. 

Sec.    1610. — Purchaser  Shall  Pay  Certain  Expenses. 

All  persons  purchasing  any  lots  or  parcels  of  land  as  above  provided 
shall  pay  for  the  drawing,  execution  and  acknowledgment  of  the  deed 
of  conveyance,  together  with  fifty  cents  to  the  clerk  of  such  board  of 
educaJtion,  for  attestation  with  seal  of  said  board  of  education,  by  the 
clerk  of  said  board. 

Sec.  1611. — Deeds,  How  Executed. 
All  conveyances  of  lots  or  parcels  of  land  mentioned  in  this  act  shall 
be  signed  by  the  president  of  the  board  of  education  and  attested  by  the 
clerk  of  said  board,  and  shall  have  the  seal  of  said  board  of  education 
affixed  thereto,  and  be  acknowledged  by  the  president  of  the  board  of 
education  in  the  same  manner  as  other  conveyances  of  real  estate. 


OF    THE    STATE   OF    NEW    MEXICO  35 

Sec.    1617. — Orphans'  Home  and  Industrial  School.      Horv  Consti- 
tuted; Legal  Designation. 

From  and  after  the  passage  of  this  act  the  Asylum  of  the  Sisters  of 
Charity  of  Santa  Fe  shall  be  constituted  an  orphans'  home  and  industrial 
school  for  the  care,  support  and  education  of  the  orphan  and  indigent 
children  of  the  Territory  of  New  Mexico,  and  to  be  known  and  legally 
designated  as  the  Orphans'  Home  and  Industrial  School  of  the  Terri- 
tory of  New  Mexico. 

Sec.    1618. — Board  of  Supervisors;  Hon?  Constituted;  Duties. 

The  governor  of  the  Territory  of  New  Mexico,  his  grace,  the  Most 
Reverend  Archbishop  of  Santa  Fe,  and  Hon.  Mariano  S.  Otero,  of 
Bernalillo,  are  hereby  declared  a  board  of  supervisors  for  the  said  Or- 
phans' Home  and  Industrial  School,  and  qualified  to  act  as  such  by 
virtue  of  this  act,  and  who  shall  serve  as  such  board  of  supervisors  for 
the  term  of  two  years,  and  until  their  successors  shall  be  appointed^by  the 
legislature;  but  in  case  of  a  change  meanwhile  in  the  office  of  governor, 
the  governor  succeeding  shall  immediately  become  a  member  of  such 
board,  and  in  case  of  the  death,  resignation,  absence,  removal  or  in- 
abihty  to  act  of  any  one  member  of  said  board,  the  remaining  two  shall 
constitute  a  full  board  until  the  appointment  of  a  new  member  or  tht 
re-appearance  and  re-qualification  of  the  third  member,  as  the  case  may 
be.  It  shall  be  the  duty  of  said  board  of  supervisors  to  receive  and  ap- 
prove all  applications  for  admission  to  said  Orphans'  Home  and  Indus- 
trial School,  to  pass  upon,  examine  and  audit  all  accounts  for  the  proper 
carrying  on  of  said  institution,  and  issue  vouchers  therefor,  to  visit  the 
said  institution  from  time  to  time,  and  faithfully  look  after  the  moral 
and  intellectual  progress  of  its  inmates. 

Sec.    1619. — Control;  Horv  Provided  For. 

The  said  Orphans'  Home  and  Industrial  School  shall  be  under  the 
care,  charge,  control,  and  custody  of  the  Sisters  of  Charity  of  Santa  Fe, 
subject  to  the  general  supervision  of  the  board  of  supervisors  hereby 
created,  and  to  all  orders  issued  by  said  board. 

Sec.    1620. — Children;  How  Provided  For. 

The  said  Sisters  of  Charity,  under  whose  care,  custody  and  control 
said  orphan  and  indigent  children  of  the  territory  are  hereby  placed,  are 
to  board,  clothe  and  instruct  said  children  in  the  common  school 
branches,  and  shall  receive  as  compensation  therefor  the  sum  of  ten  dol- 
lars per  month  for  each  of  said  children  so  boarded,  clothed,  instructed 
and  cared  for. 

Sec.    1  62 1 . — Expenses;  How  Paid. 

The  costs,  charges  and  expenses  which  shall  be  incurred  by  the  said 


36  COMPILATION    OF    THE    SCHOOL    LAWS 

board  of  supervisors  hereby  created,  from  time  to  time,  shall  be  met  and 
defrayed  out  of  the  territorial  treasury  upon  the  written  order  of  said 
board,  signed  by  a  majority  of  its  members. 

Sec.    1622.  —  Orphan  Children  to  be  Placed  in  Families.     Expendi- 
tures Limited;  Proviso. 

It  shall  be  the  duty  of  the  probate  judges  in  the  several  counties  to 
place  all  orphan  and  indigent  children  with  some  good  and  responsible 
person,  who  will  agree  to  care  for,  educate  and  teach  them  to  work  for 
a  certain  number  of  years,  to  be  agreed  upon,  and  it  shall  be  the  duty  of 
said  Sisters  of  Charity  to  use  their  best  endeavors  in  like  manner  to  place 
such  children  in  families  for  the  same  purpose:  Provided,  hoivever. 
That  no  more  than  five  thousand  dollars  shall  be  expended  in  any  one 
year  of  twelve  months  for  the  purposes  of  this  act:  Provided,  Ten 
children  may  be  kept  at  Bernalillo,  but  under  the  direction  of  the  Sisters 
at  Santa  Fe. 

Sec.  1625a. — Second  Friday  of  March  in  Each  Year  Set  Apart  as 
Arbor  Da}).  Da})  Designated  to  be  Holiday  in  All  Public  Schools. 
Governor  to  Issue  Proclamation. 

The  second  Friday  in  March  of  each  year  shall  be  set  apart  and 
known  as  Arbor  Day,  to  be  observed  by  the  people  of  this  territory  in 
the  planting  of  forest  trees  for  the  benefit  and  adornment  of  public  and 
private  grounds,  places  and  ways,  and  in  such  other  efforts  and  under- 
takings as  shall  be  in  harmony  with  the  general  character  of  the  day  so 
established:  Provided,  That  the  actual  planting  of  trees  may  be  done 
on  the  day  designated  or  at  suich  other  most  convenient  time  as  may  best 
conform  to  local  climatic  conditions,  such  other  time  to  be  designated 
and  due  notice  thereof  given  by  the  several  county  superintendents  of 
schools  for  their  respective  counties. 

The  day  as  above  designated  shall  be  a  holiday  in  all  public  schools 
of  the  territory,  and  school  officers  and  teachers  are  required  to  have 
the  schools  under  their  respective  charge  observe  the  day  by  planting  of 
trees  or  other  appropriate  exercises. 

Annually,  at  the  proper  season,  the  governor  shall  issue  a  proclamation, 
calling  attention  of  the  people  to  the  provisions  of  this  act,  and  recom- 
mending and  enjoining  its  due  observance.  The  respective  county  su- 
perintendents of  schools  shall  also  promote  by  all  proper  means  the  ob- 
servance of  the  day,  and  the  said  county  superintendents  of  schools  shall 
make  annual  reports  to  the  governor  of  the  territory  of  the  action  taken 
in  this  behalf  in  their  respective  counties. 


OF    THE   STATE    OF    NEW    MEXICO  37 

Sec.  1  763. — Persons  Serving  Five  Years  as  Firemen  in  Territory)  En- 
titled to  Certificate  of  Exemption  From  Certain  Taxes  and  Military 
Duties. 

Any  person  who  has  served  five  years  as  a  fireman  in  this  territory  as 
aforesaid,  and  who  shall  present  to  the  clerk  of  the  county  in  which  he 
resides,  the  certificate  or  certificates  of  the  president,  foreman  or  captain 
of  the  company  or  companies  to  which  he  may  have  belonged,  counter- 
signed by  the  secretary  of  the  same,  shall  have  the  said  certificate  or 
certificates  recorded  by  said  county  clerk  in  a  book  which  he  shall  keep 
for  that  purpose,  and  it  shall  be  the  duty  of  said  probate  or  county  clerk 
to  return  said  certificate  or  certificates,  together  with  his  own  under  seal, 
to  the  person  entitled  thereto,  setting  forth  the  name  of  the  company  or 
companies  of  which  said  person  was  a  member  and  the  length  of  time 
he  had  served  as  such,  for  which  the  said  clerk  shall  be  entitled  to  a 
fee  of  one  dollar,  to  be  paid  by  the  person  obtaining  the  certificate. 
Such  certificate  shall  be  received  in  all  courts  'and  places  as  prima  facie 
evidence  that  said  person  is  entitled  to  the  exemption  herein  provided. 

Sec.  1  764. — Fire  Company  Officials  Illegally  Issuing  Such  Certifi- 
cates Liable  to  Fine  of  $50  to  $500,  Which  Shall  Co  to  School 
District  Fund. 

If  the  president,  foreman  or  captain  of  any  such  fire  company,  shall 
knowingly  grant  or  issue  any  illegal  certificate  under  the  provisions  of 
this  act,  he  shall  be  deemed  guilty  of  a  misdemeanor  and  subject  to  a 
penalty  in  amount  not  less  than  fifty,  nor  more  than  five  hundred  dollars 
^or  each  offense,  to  be  collected  before  any  court  having  competent  juris- 
diction, and  when  collected,  to  be  paid  into  the  treasury  of  the  public 
school  district  where  the  offense  was  committed. 

(See  Sections   1765-1766.) 

Sec.    191  1. — Committee  of  Habitual  Drunkard  or  Lunatic  to  Apply 

Estate  to  Maintenance  of  Charge  and  Education  of  Mmor  Children. 

(District  judge  may  issue  a  commission  to  inquire  into  the  lunacy  or 

habitual   drunkenness   of   territorial   residents   or   holder^  of   real   estate 

in  the  territory.) 

The  committee  of  said  person  found  to  be  a  lunatic  or  habitual  drunk- 
ard, shall  have  the  management  and  control  of  his  person  and  estate, 
and  shall  from  time  to  time  apply  so  much  thereof  as  may  be  necessary 
for  support  and  maintenance  of  himself  and  family,  and  for  the  educa- 
tion of  his  minor  children. 


Extracts  from  the  Laws  of  1899 


CHAPTER  XLVI. 

Sec.    I . — Upon  Petition,  County  School  Superintendent  to  Submit  the 

Question  of  Issuing  Bonds  to  a  Vote. 

That  the  county  superintendent  of  schools  for  each  county  in  this 
territory  shall  have  power  in  cases  where  any  school  district  in  his  county 
does  not  own  a  school  house,  upon  a  petition  signed  by  twenty  residents 
of  such  school  district,  being  each  the  head  of  a  family  and  having  child- 
ren of  school  age  in  the  family,  to  order  the  school  directors  of  such 
school  district  to  submit  the  question  of  issuing  bonds  of  such  district 
for  the  purpose  of  building  a  school  house  as  provided  for  in  Section 
1542  of  the  Compiled  Laws  of  1897  to  the  voters  of  such  school  dis- 
trict, and  for  failure  or  refusal  so  to  do,  such  superintendent  shall  re- 
move any  or  all  of  such  directors  from  office  and  appoint  others  of  his 
own  choosing  in  their  place. 
Sec.   2. — Failing  to  Vote  Bonds,  County  Superintendent  Shall  Order 

a  Portion  of  the  School  Fund  as  School  House  Building  Fund. 

In  cases  where  the  question  of  issuing  such  bonds  has  been  or  shall 
be  submitted  to  the  voters  of  such  school  district,  and  shall  fail  to  carry, 
then  such  county  superintendent  of  schools  shall  in  writing  order  the 
county  treasurer  to  set  aside  such  portion  of  the  school  fund  of  such 
district,  not  less  than  one-fifth  thereof,  yearly,  for  the  purpose  of  even- 
tually building  a  school  house  for  such  district,  and  such  fund  shall  be 
kept  for  such  purpose  only,  and  such  superintendent  shall  when  in  his 
opinion  such  fund  is  sufficiently  large  for  the  purpose,  order  the  school 
directors  of  such  district  to  build  such  school  house,  he  to  approve  the 
contract  therefor. 
Sec.    3. — An}^  Person  Failing  to  Perform  Duties  Required,  Guilty  of 

Misdemeanor.      Penalty.      Superintendent   of  Public   Instruction    to 

Enforce  This  Act. 

Any  person  faihng  to  perform  the  duties  required  of  them  by  this  act 
shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars,  or  more  than 
five  hundred  dollars;  and  it  is  hereby  made  the  duty  of  the  territorial 
superintendent  of  education  or  of  public  instruction  to  see  that  this  act  is 
strictly  enforced,  and  to  make  all  proper  complaints  for  violation  thereof ; 
and  it  is  further  made  the  duty  of  all  district  attorneys  to  vigorously 
prosecute  the  same. 


Extracts  from  the  Laws  of  1901 


CHAPTER  III. 

Sec.    1 . — Unlawful  to  Sell  or  Give  Intoxicating  Liquors  or  Tobacco  to 
Minors  or  Pupils  in  Educational  Institutions. 

That  it  shall  be  unlawful  for  any  person  to  sell  or  give  to  any  minor 
under  the  age  of  eighteen  years,  or  to  any  pupil  of  any  school  or  edu- 
cational institution  within  this  territory  any  intoxicating  liquor  or  any 
cigars,  cigarettes,  or  tobacco  in  any  form,  except  upon  the  written  con- 
sent of  the  parent  or  guardian  of  such  minor  or  pupil. 

Sec.  2. — Minors  and  Pupils  Not  Permitted  to  Engage  in  Games  of 
An^  Kind  in  Establishments  Where  Intoxicating  Liquors  or  Tobacco 
Are  Offered  for  Sale. 

It  shall  be  unlawful  for  any  merchant,  apothecary,  saloonkeeper,  or 
the  proprietor  or  manager  of  any  other  establishment  in  which  mtoxicat- 
ing  liquors  or  tobacco  in  any  form  are  kept  or  offered  for  sale  to  permit 
any  minor  under  the  age  of  eighteen  years  or  pupil  in  any  school  or  edu- 
cational institution  to  engage  in  any  play,  or  game  of  chance  with  cards, 
dice,  wheels,  or  by  th^  manipulation  of  any  machine  or  device  by  means 
of  which  money  or  any  commodity  or  property  may  be  hazarded,  won 
or  lost,  acquired  or  transferred. 

Sec.   3. — Minors  and  Pupils  Not  to  Loiter  About  Nor  Frequent  Sa- 
loons Nor  Gambling  Places. 

It  shall  be  unlawful  for  any  proprietor,  keeper  or  manager  of  any 
saloon  where  intoxicating  liquor  is  kept  or  offered  for  sale,  or  where 
gambling  in  any  form  is  carried  on  or  permitted,  to  permit  any  minor 
under  the  age  of  twenty-one  years  or  any  pupil  in  any  school  or  educa- 
tional institution  to  loiter  upon  or  frequent  the  premises  belonging  to  such 
saloon,  or  to  engage  in  games  or  amusements  of  any  kind  thereon. 

Sec.   4. — Printed  Cop})  of  Laws  to  be  Kept  Posted. 

Every  person  maintaining  an  establishment  where  intoxicating  liquor 
or  tobacco  in  any  form  are  kept  or  offered  for  sale  is  required  to  keep 
posted  in  a  conspicuous  place  within  his  place  of  business  a  printed  copy 
of  this  law,  and  it  shall  be  unlawful  for  any  person  to  carry  on  his  busi- 
ness without  having  such  copy  at  all  times  ptosted  as  aforesaid. 


40  COMPILATION    OF    THE    SCHOOL    LAWS 

Sec.   5. — Penalt])  for  Violation  of  Act. 

(As  amended.  Laws  1903.)  Any  person  violating  the  provisions 
of  the  foregoing  sections  of  this  act,  or  any  of  them,  shall  upon  convic- 
tion be  punished  for  each  offense  by  a  fine  not  less  than  twenty-five  nor 
more  than  one  hundred  dollars,  or  by  imprisonment  not  less  than  thirty 
days  nor  more  than  three  months,  or  both,  at  the  discretion  of  the  court 
trying  the  cause;  and  the  moneys  accruing  from  such  fines  shall  be  cov- 
ered into  the  general  school  fund  of  the  county  in  which  the  offense 
occurs.  And  it  is  hereby  made  the  duty  of  the  county  superintendent 
of  schools  to  prosecute  before  justices  of  the  peace  all  persons,  firms  or 
corporations  violating  Section  4  of  this  Act. 

Sec.   6. — Penalt-^  for  Violation  of  This  Act. 

Any  person  who  shall  have  been  convicted  of  violating  the  fourth 
section  of  this  act,  or  who  shall  have  been  twice  convicted  of  violating 
any  other  section  of  this  act,  shall,  in  addition  to  the  penalties  otherwise 
in  this  act  prescribed,  forfeit  his  license  and  right  to  do  business  of  the 
nature  hereinbefore  mentioned  within  the  county  in  which  the  offense 
was  committed  for  the  period  of  one  year,  and  the  doing  of  such  busi- 
ness by  such  person  within  such  county  during  said  period  after  such 
conviction  shall  be  punishable  as  prescribed  in  section  five  of  this  act. 

Sec.  7. — The  word  "person,"  as  used  in  this  act,  shall  be  deemed 
to  mean  firm  or  corporation,  as  well  as  natural  person,  and  the  person 
managing  the  business  of  such  firm  or  corporation  shall  be  liable  to  the 
penalties  prescribed  by  this  act.  And  the  proprietor  or  owner  of  any  of 
the  establishments  mentioned  in  this  act  shall  be  liable  to  the  penalties 
prescribed  by  this  act  for  any  violation  of  its  provisions  within  or  at  their 
establishments,  whether  committed  by  themselves  or  by  persons  in  their 
employ. 


CHAPTER  XVII. 

Sec.  26. — School  Superintendents  to  Enforce  Vaccination;  Penalty  for 
Refusal  of  Parents. 
It  shall  be  the  duty  of  the  school  superintendent  of  each  county  to  see 
that  all  children  in  his  county,  of  school  age,  are  vaccinated  againbt 
smallpox,  and  to  that  end  every  teacher  of  a  public  school  shall  see  that 
the  children  in  his  district  are  successfully  vaccinated  or  have  been  vac- 
cinated within  one  year  previous,  and  it  shall  be  unlawful  for  any  child 
to  attend  school,  or  for  any  teacher  to  allow  such  child  within  any 
school  house  unless  so  vaccinated,  or  showing  proper  certificate  that  it 
has  been  vaccinated;  such  teacher  shall  make  report  of  the  number  of 
children  whom  they  have  caused  to  be  vaccinated,  and  those  who  have 


OF    THE    STATE    OF    NEW    MEXICO  41 

presented  certificates  that  they  have  been  vaccinated  to  the  county  school 
superintendent  at  the  beginning  of  the  school  year  and  as  often  thereafter 
as  they  may  deem  necessary,  together  with  the  report  of  the  names  of 
any  parents  who  refuse  to  allow  their  children  to  be  vaccinated,  and 
any  person  who  shall  so  refuse  or  neglect  to  have  his  or  her  children 
vaccinated  in  accordance  with  the  law,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  a  report  to  that  effect  by  the  county  superintendent, 
it  shall  be  the  duty  of  the  sheriff  or  any  constable  whom  he  may  desig- 
nate, to  arrest  such  person,  and  upon  being  convicted  he  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  or  im- 
prisoned in  the  county  jail  not  exceeding  one  hundred  days,  and  the  fine 
so  imposed  shall  go  to  and  be  a  part  of  the  school  fund  of  the  district 
in  which  said  offender  lives.  These  provisions  shall  apply  to  children 
and  parents  in  incorporated  cities  and  towns,  and  the  duties  heretofore 
imposed  upon  county  school  superintendents  are  hereby  made  applicable 
to  beards  of  education  therein. 

Sec.   27. — Providing  for  the  Payment  of  Vaccination. 

The  vaccination  provided  for  in  the  previous  section  shall  be  by  the 
health  officer,  appointed  by  the  board  of  county  commissioners  or  by 
some  competent  person  selected  by  the  school  directors  of  the  district  or 
the  board  of  education  in  the  city  or  town,  and  shall  be  paid  for  by  the 
parents  of  such  children  where  they  are  able  to  do  so,  but  in  case  of 
their  inability  by  reason  of  poverty,  the  same  shall  be  paid  for  by  the 
beard  of  education  or  school  directors  of  the  several  districts,  out  of  the 
school  fund. 


CHAPTER  XXVII. 

Sec.    3. — Special  Teachers'  Institutes  May  he  Held. 

In  addition  to  the  privileges,  powers  and  duties  of  boards  of  educa- 
tion heretofore  prescribed  by  law,  the  power  is  hereby  granted  to  boards 
of  education  for  districts  consisting  of  incorporated  cities  to 
employ  a  city  or  district  superintendent,  who  in  conjunction  with  the 
board  of  education,  shall  be  authorized  to  hold  special  teachers'  insti- 
tutes for  the  instruction  of  teachers. 


CHAPTER  XXIX. 

Sec.   6. — Sheriffs  to  Colled  Liquor  and  Gaming  Licenses;  Distribution 

of  by  Treasurer. 

The  sheriffs  of  the  several  counties  shall  hereafter  be  the  collectors  of 
all  liquors  and  gaming  licenses,   and  shall  be  entitled  to  retain   out  of 


42  COMPILATION    OF    THE    SCHOOL    LAWS 

the  proceeds  of  such  Hcenses  so  collected  as  compensation  for  .their  ser- 
vices a  commission  of  four  per  cent.  Such  licenses  shall  be  made  and 
issued  as  now  provided  by  law  and  delivered  to  the  sheriff  for  collection 
who  shall  receipt  for  same  and  immediately  proceed  to  enforce  collection 
thereon.  It  shall  be  the  duty  of  the  sheriff  to  turn  over  all  money  or 
moneys  so  collected  on  or  before  the  tenth  day  of  each  month  for  col- 
lections made  during  the  preceding  month,  to  the  county  treasurer,  who 
shall  immediately  distribute  the  same  two-thirds  (^)  thereof  to  the 
credit  of  the  school  district  wherein  such  license  was  paid,  and  one-third 
(i/^)  thereof  to  the  credit  of  the  general  school  fund  of  the  county  and 
shall  issue  receipts  for  such  money  or  moneys  so  received  in  triplicate, 
the  original  receipt  to  be  delivered  to  the  sheriff  turning  in  the  money,  the 
duplicate  receipt  to  be  filed  with  the  county  clerk  and  the  triplicate  re- 
ceipt to  be  retained  in  the  office  of  the  county  treasurer.  The  said 
sheriffs  are  further  required  to  file  an  itemized  monthly  report  of  all  col- 
lections made  under  the  provisions  of  this  act,  said  report  shall  set  forth 
the  amount  received  or  collected,  the  name  of  the  person  or  persons  from 
whom  collected,  the  amount  of  commission  retained,  shall  be  made  and 
filed  on  or  before  the  tenth  day  of  each  month,  and  shall  be  made  in 
triplicate,  the  original  report  to  be  filed  with  the  county  treasurer,  the 
duplicate  report  to  be  filed  with  the  county  clerk,  and  the  triplicate  re- 
port shall  be  retained  in  the  office  of  the  sheriff. 


CHAPTER  XLIII. 


as 


Sec.    1 . — Persons  Afflicted  with  Tuberculosis  Not  to  Be  Emploved 

Teachers. 

No  person  shall  be  employed  as  a  school  teacher,  instructor  or  pro- 
fessor in  any  public  school  or  other  educational  institutions  in  the  Ter- 
ritory of  New  Mexico  supported  in  whole  or, in  part  by  revenues  de- 
rived from  taxes  paid  into  the  public  treasury  by  the  taxpayers  of  this 
territory  who  shall  be  afflicted  with  the  disease  called  tuberculosis,  com- 
monly known  as  consumption,  in  a  transmissible  form. 

Sec.  2-3. — Certification  of  Good  Health  Required. 
Before  any  person  shall  be  employed  as  a  school  teacher,  instructor 
or  professor  in  any  public  school  or  other  educational  institution  of  this 
territory  he  shall  file  with  the  governing  authorities  of  the  school  district, 
board  of  education,  board  of  regents,  or  other  governing  educational 
body  of  any  university  or  college,  a  certificate  from  a  regular  physician, 
who  shall  be  named  by  the  president  of  the  territorial  board  of  health, 
that  the  said  person  is  not  at  the  time  of  the  examination  to  be  made  by 


OF    THE   STATE    OF    NEW    MEXICO  43 

said  physician  afflicted  with  the  said  diseases  called  tuberculosis,  com- 
monly known  as  consumption  as  hereinbefore  defined. 

Sec.  3.  Any  and  all  persons  now  employed  as  school  teachers,  in- 
structors or  professors  in  any  public  school  or  other  educational  institu- 
tion in  this  territory  shall,  within  thirty  days  from  and  after  the  passage 
and  approval  of  this  act,  obtain  and  present  to  the  governing  authorities 
of  the  school  district,  board  of  education,  board  of  regents  or  other  gov- 
erning educational  body  of  any  university  or  college,  in  which  such  per- 
son shall  be  employed,  a  certificate  from  a  regular  physician  to  be  named 
by  the  president  of  the  territorial  board  of  health  that  the  said  person  is 
not  at  the  time  of  the  examination,  to  be  made  within  said  thirty  days  by 
said  physician,  afflicted  with  the  said  disease  called  tuberculosis,  com- 
monly known  as  consumption,  as  hereinbefore  defined,  and  any  such 
person  failing  to  obtain  and  file  the  said  certificate  as  herein  provided 
within  the  time  herein  specified  shall  be  forthwith  discharged  as  such 
school  teacher,  instructor  or  professor  by  the  authorities  provided  by  law 
for  the  employment  and  release  and  discharge  of  persons  employed  as 
school  teachers,  instructors  or  professors  in  the  public  schools  or  other 
educational  institutions  of  this  territory. 

Sec.    4. — Fee  for  Certificate. 

For  the  making  of  the  examination  provided  for  in  this  act  and  for 
the  making  of  the  certificate  hereby  provided  for,  the  physician  making 
the  same  shall  charge  a  fee  of  two  dollars  and  no  more. 

Sec.    5.  —  Complaint  Ma^  be  Filed.       Teachers  Ma}^  be  Discharged. 

If  at  any  time  there  shall  be  lodged  with  the  governing  authorities  of 
any  school  district,  board  of  education,  board  of  regents  or  other  gov- 
erning educational  body,  a  complaint  signed  by  any  taxpayer  of  this 
territory,  setting  forth  that  in  his  opinion  any  school  teacher,  instructor 
or  professor  is  afflicted  with  the  disease  known  as  tuberculosis,  com- 
monly called  consumption,  as  hereinbefore  defined,  such  governing 
authorities,  board  of  education,  board  of  regents  or  other  educational 
body  shall  forthwith  require  such  persons  so  claimed  to  be  afflicted  with 
tuberculosis  to  submit  to  an  examination  by  a  physician  to  be  named  by 
the  president  of  the  territorial  board  of  health,  and  unless  such  person 
shall  within  ten  days  thereafter  file  with  the  school  authorities  a  certifi- 
cate from  such  physician  that  he  is  not  afflicted  with  the  disease  com- 
monly known  as  tuberculosis  or  consumption,  such  person  shall  be  forth- 
with discharged  from  employment  as  such  teacher,  instructor  or  profes- 
sor, and  no  warrant  or  order  for  any  salary  or  wages  to  any  such  person 
shall  be  paid  by  any  school  or  other  treasurer  until  such  certificate  shall 
have  been  obtained  and  filed  as  provided  for  in  this  section. 


44  COMPILATION    OF    THE    SCHOOL    LAWS 

Sec.  6.  —  Penalty^  for  Failure  of  Officials  to  Discharge  Their  Duties. 
Any  person  holding  any  office,  administrative  or  otherwise,  connected 
with  the  pubHc  schools  or  educational  institutions  of  this  territory  or  any 
county,  city  or  other  municipality  thereof,  who  shall  refuse  to  perform 
or  neglect  to  perform  the  duties  prescribed  for  him  by  the  provisions  of 
this  act  shall,  upon  complaint  duly  filed  with  the  governor  of  this  terri- 
tory and  duly  substantiated  to  the  satisfaction  of  said  governor,  be  forth- 
with removed  from  office  by  the  governor. 


CHAPTER  LV. 

Sec.    I . — Term  of  Office  of  Directors, 

That  the  next  ensuing  election  of  directors  of  schools  in  the  several 
districts  of  the  counties  of  this  territory  one  of  the  three  of  such  directors 
shall  be  elected  and  shall  hold  his  office  for  a  term  of  three  years,  one 
of  such  three  directors  shall  be  elected  and  shall  hold  his  office  for  a 
term  of  two  years,  and  the  third  of  such  directors  shall  be  elected  and 
hold  his  office  'for  a  term  of  one  year. 

Sec.   2. — (As  Amended.)     But  One  Director  to  be  Voted  For. 

At  each  election  after  the  next  ensuing  election  of  such  di-rectors,  but 
one  of  such  directors  shall  be  voted  for,  except  in  case  of  election  to  fill 
vacancy  for  unexpired  term,  and  he  shall  be  elected  to  fill  the  vacancy 
for  a  term  of  three  years  from  the  first  day  of  May  thereafter:  Pro- 
vided, however.  That  the  term  of  office  of  a  school  director  elected  for 
1907  under  the  provisions  of  these  amended  acts,  shall  begin  on  the  first 
Monday  in  July,   1907,  and  end  on  the  first  Monday  in  May,    1908. 


CHAPTER  LVII. 

Sec.    1 . — ^School  Teachers  to  be  Paid  Monthly. 

That  hereafter  all  public  school  teachers  engaged  in  teaching  within 
incorporated  cities,  towns  and  villages,  as  well  as  in  any  other  public 
schools  in  the  Territory  of  New  Mexico  shall  be  paid  monthly  instead  of 
quarterly,  as  now  provided  by  law,  unless  there  are  no  funds  available, 
in  which  event  they  shall  be  paid  as  soon  as  the  funds  are  available. 


CHAPTER  LXXXIV. 

Section  1 .  That  every  person  who  shall  set  up  or  keep  a  brothel, 
bawdy  house,  house  of  assignation  or  prositution,  in  any  town,  city  or 
village  in  the  Territory  of  New  Mexico,  within  seven  hundred  feet  of 
any  school  house,  college,  seminary  or  other  institution  of  learning,  or 


OF    THE    STATE    OF    NEW    MEXICO  45 

any  church,  cpera  house,  theater,  hall  of  any  benevolent  or  fraternal 
society,  or  other  place  of  pubHc  assemblage,  shall  on  conviction  thereof 
be  adjudged  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of 
not  exceeding  one  hundred  dollars  ($100),  or  by  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  sixty  (60)  days,  or  by  both  such 
fine  or  imprisonment;  and  outside  of  seven  hundred  feet  limits  the  city 
council  and  board  of  trustees  of  the  different  municipalities,  whether  in- 
corporated under  general  or  special  laws,  shall  prohibit  and  suppress,  or 
shall  .regulate,  restrain  and  place  under  municipal  supervision,  lewd 
women,  prostitutes,  brothels,  bawdy  houses  and  houses  of  assignation  or 
prostitution,  whether  they  live  or  practice  acts  of  lewdness  or  prostitution 
within  the  limits  of  the  municipality  or  within  one  mile  thereof.  (See; 
also  Sections  2-8  of  this  Chapter.) 


Extracts  from  the  Laws  of  1903 


CHAPTER  XXXVII. 


Sec.    1 . — Directors  Ma^  Use  Surplus  in  General  School  Fund  to  Con- 
struct School  Buildings. 

That  whenever  a  petition  signed  by  one-half  of  the  legal  voters  of  such 
the  county  treasury  to  the  credit  of  any  school  district  in  the  territory, 
outside  of  incorporated  tow^ns  and  cities,  to  the  amount  of  not  less  than 
two  hundred  dollars  ($200.00)  after  all  the  expenses  of  maintaining 
the  schools  in  said  district  for  teachers'  salary,  rent  and  other  expenses 
connected  therewith,  the  said  surplus  or  any  part  thereof  may  be  with- 
drawn by  the  directors  of  said  school  district  and  applied  by  them  to  the 
procuring  of  a  suitable  site  and  the  erection  thereon  of  proper  school 
buildings,  or  for  the  repairing  of  any  school  building  or  buildings  for  the 
use  of  such  school  district  in  the  manner  followmg. 

Sec.   2. — Surplus  Fund.     Available  When.     Duties  of  County  Super- 
intendents, County  Treasurer,  and  School  Directors. 

That  whenever  a  petition  signed  by  one-half  of  the  legal  voters  of  such 
school  district  described  in  Section  1  of  this  act,  as  shown  by  the  num- 
ber of  votes  cast  in  said  district  or  precinct  at  the  last  general  election, 
shall  be  presented  to  the  county  school  superintendent,  praying  that  such 
surplus  money  described  in  Section  1  of  this  act  may  be  turned  over  to 
the  school  directors  of  such  school  districts  for  the  purpose  of  procuring 
a  site  and  erecting  school  building  or  buildings  thereon,  then  it  shall  be 
the  duty  of  said  county  school  superintendent  within  ten  days  after  the 
receipt  of  said  petition,  to  forward  the  same  to  the  county  treasurer, 
who  shall  file  the  said  petition  and  safely  keep  the  same  among  the  rec- 
ords and  archives  of  his  office,  and  it  shall  be  the  duly  of  said  county 
treasurer  to  at  once  notify  the  school  directors  of  such  school  district  of 
the  amount  of  money  then  en  hand,  subject  to  be  withdrawn  for  the 
purposes  named;  and  thereafter  the  said  treasurer  shall  honor  and  pay 
all  warrants  drawn  by  such  school  directors  against  such  surplus  fund  for 
the  purchase  of  site  and  erection  of  school  houses  thereon,  when  the 
same  are  accompanied  by  itemized  and  verified  accounts  and  vouchers 
until  the  said  surplus  is  exhausted,  and  it  shall  be  the  duty  of  the  school 
directors  to  open  proper  books  of  account  with  the  said  fund,  and  enter 
therein  all  receipts  and  disbursements  on  account  of  such  fund;  and  it 


OF    THE   STATE    OF    NEW    MEXICO  47 

shall  be  their  further  duty  to  take  from  persons  to  whom  money  may  be 
due  on  account,  itemized  and  verified  bills  in  duplicate,  one  of  which 
shall  be  retained  by  said  board  of  directors,  and  the  other  shall  be 
transmitted  with  the  warrant  drawn  in  payment  thereof  to  the  county 
treasurer  of  the  county  in  which  said  district  is  located.  And  the  said 
school  directors  shall  in  no  event  and  under  no  pretext  contract  for  or 
incur  obligations  on  such  account  beyond  the  amount  of  money  available 
in  the  county  treasury  for  such  purposes,  nor  shall  they  under  any  cir- 
cumstances incur  any  debt  in  the  erection  of  such  school  house,  or  houses, 
or  improvement  or  repair  thereof  except  as  provided  in  Section  I  542 
and  1543  of  the  Compiled  Laws  of  1897. 

Sec.    3. — Proviso,  When  Surplus  Not  Sufficient  to  Complete  Buildings. 

In  case  there  shall  not  be  sufficient  surplus  moneys  on  hand  to  pur- 
chase a  site  and  complete  the  building  or  buildings  contemplated  by  the 
school  directors  under  this  act  they  are  hereby  authorized  to  procure  the 
site  for  school  purposes  and  to  commence  the  erection  of  such  building 
or  buildings  as  they  may  deem  necessary  and  proper  for  the  purposes 
herein  named,  and  shall  carry  on  the  construction  thereof,  so  far  as  the 
moneys  on  hand  for  that  purpose  will  permit,  as  hereinbefore  provided, 
and  in  case  the  term  of  office  of  any  such  school  directors  or  any  mem- 
ber thereof  shall  expire,  before  the  said  buildings  are  completed,  it  shall 
be  the  duty  of  their  successor  or  successors  to  proceed  with  the  work  in 
the  manner  herein  provided  until  such  work  is  completed. 

Sec.   4. — Insurance  of  School  Buildings. 

The  board  of  directors  of  any  school  district  is  empowered  to  ex- 
pend, from  the  funds  in  the  treasury  of  said  school  district,  any  moneys 
necessary  to  properly  insure  any  school  building  or  buildings  in  such 
school  district. 

Sec.    5. — Failure  of  Officers  to  Carr])  Out  the  Provisions  of  This  Act. 

Penalty. 

Any  failure  of  any  of  the  officers  mentioned  in  this  act  to  carry  out 
its  provisions  in  the  letter  and  the  spirit  of  this  act,  shall  subject  such 
officers  to  removal  and  to  forfeiture  of  their  official  bond  for  the  benefit 
of  such  school  district  so  injured  thereby,  and  any  school  director  so  of- 
fending shall  be  disqualified  to  become  his  own  successor  in  office  either 
by  election  or  by  appointment  for  a  period  of  one  year  from  date  of 
such  removal. 


48  COMPILATION    OF    THE    SCHOOL    LAWS 

CHAPTER  XCII. 

Sec.    1. — Applicants  for  Teachers'  Certificates  Found  to  be  Afflicted 

with   Tuberculosis. 

That  whenever  in  this  act  the  phrase  or  expression  "physician  ap- 
pointed by  the  president  of  the  New  Mexico  "Board  of  Health"  occurs, 
the  same  is  hereby  stricken  out  and  the  following  inserted  in  lieu  thereof: 
"Any  reputable  physician,  who  is  a  resident  of  New  Mexico  and  who 
is  not  himself  afflicted  with  the  disease." 

Whenever  such  physician  shall  find  the  applicant  to  be  afflicted  with 
tuberculosis,  or  what  is  commonly  known  as  consumption,  it  shall  be  his 
duty  to  at  once  notify  the  superintendent  of  public  instruction  of  New 
Mexico,  giving  the  name,  age  and  sex  of  applicant,  together  with  the 
date  of  examination,  and  a  general  statement  of  the  case.  Whereupon 
it  shall  be  the  duty  of  said  superintendent  to  at  once  notify  the  school 
superintendents  of  each  county  in  New  Mexico  of  the  information  he 
has  received.  And  in  case  any  applicant  so  examined  shall  feel  ag- 
grieved he  may  take  appeal  to  the  New  Mexico  board  of  health  and 
present  himself  for  examination,  and  it  shall  be  the  duty  of  said  board 
of  health  to  thoroughly  examine  such  person,  and  the  result  and  decision 
of  said  board  shall  be  final,  and  such  decision  shall  be  certified  by  it  to 
the  superintendent  of  public  instruction  of  New  Mexico,  who  shall 
thereupon  notify  the  different  school  superintendents  of  each  county. 
Sec.    2. — Right  of  Appeal  to  Board  of  Health  Only. 

No  person  who  has  been  examined  by  a  physician  under  this  act  or  of 
the  act  of  which  it  is  amendatory,  and  has  been  rejected  by  such  physi- 
cian shall  apply  to  any  other  physician  for  examination  or  certificate, 
but  he  shall  have  right  of  appeal  to  the  board  of  health  of  New  Mexico. 
and  if  any  person  shall  apply  to  any  other  physician  in  violation  of  this 
act,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  in  any  sum  not  to  exceed  one  hundred  dollars  ($100.00) 
and  shall  not  be  eligible  as  a  school  teacher  in  any  county  in  New 
Mexico.  The  fine  hereby  imposed  shall  be  collected  and  paid  over  to 
the  territorial  school  fund. 


CHAPTER  Cin. 
Sec.  29.- — Smallpox. 
It  shall  be  the  duty  of  the  school  superintendent  of  each  county  to 
see  that  all  children  in  his  county,  of  school  ag^.  are  vaccinated  against 
smallpox,  and  to  that  end  each  teacher  of  a  public  school  shall  see  that 
the  children  in  his  district  are  successfully  vaccinated  or  have  been  vac- 
cinated within  one  year  previous,  and  it  shall  be  unlawful  for  any  child 


OF    THE    STATE    OF    NEW    MEXICO  49 

to  attend  school,  or  for  any  teacher  to  allow  such  child  within  any 
school  house  unless  so  vaccinated,  or  showing  proper  certificate  that  it  has 
been  vaccinated;  such  teacher  shall  make  report  of  the  number  of  child- 
ren whom  they  have  caused  to  be  vaccinated  and  those  who  have  pre- 
sented certificates  that  they  have  been  vaccinated,  to  the  county  school 
superintendent  at  the  beginning  of  the  school  year  and  as  often  there- 
after ts  they  may  deem  necessary,  together  with  the  report  of  the  names 
of  any  parents  who  refuse  to  allow  their  children  to  be  vaccinated,  and 
any  person  who  shall  so  refuse  or  neglect  to  have  his  or  her  children 
vaccinated  in  accordance  with  the  law  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  a  report  to  that  effect  by  the  county  superintendent, 
it  shall  be  the  duty  of  the  sheriff  or  any  constable  whom  he  may  desig- 
nate, to  arrest  such  person,  and  upon  being  convicted,  he  shall  be  fined 
not  less  than  ten  dollars  ($10.00)  nor  more  than  one  hundred  dollars 
($100.00),  or  be  imprisoned  in  the  county  jail,  not  exceeding  one 
hundred  days,  and  the  fine  so  imposed  shall  go  to  and  be  a  part  of  the 
school  fund  of  the  district  in  which  such  offender  lives.  These  pro- 
visions shall  apply  to  children  and  parents  in  incorporated  cities  and 
towns,  and  the  duties  heretofore  imposed  upon  county  school  superintend- 
ents are  hereby  made  applicable  to  boards  of  education  therein. 

Sec.    30. — County  Health  Officer  to   Vaccinate. 

The  vaccination  provided  for  in  the  previous  section  shall  be  done  by 
the  county  health  officer  provided  for  by  Section  22  of  this  act,  or  by 
his  assistants  and  under  his  direction,  and  shall  be  paid  for  by  the 
parents  of  such  children  when  they  are  able  to  do  so,  but  in  case  of  their 
inability  to  pay  for  the  same  by  reason  of  poverty,  the  same  shall  be 
paid  for  by  the  board  of  education,  or  school  directors  of  the  several 
districts  out  of  the  school  fund. 

Sec.    31. —  Vaccination  of  Adults. 

It  shall  be  the  duty  of  the  board  of  health  to  make  and  enforce  all 
necessary  rules  and  regulations  for  the  vaccination  against  smallpox  of 
the  adult  population  as  well  as  of  children  within  school  age,  and  en- 
force the  same  by  proper  orders,  and  if  any  adult  person  shall  refuse 
or  neglect  to  carry  out  any  of  the  orders  of  the  said  board  in  that  behalf, 
he  shall  be  guilty  of  a  misdemeanor,  and  after  conviction  shall  be  pun- 
ished as  hereinbefore  provided  in  Section  24  of  this  act.  Vaccine  mat- 
ter shall  be  provided  at  the  cost  of  the  county,  municipal  corporation, 
board  of  education  or  school  trustees,  as  hereinbefore  provided  for  other 
expenses. 


50  COMPILATION    OF    THE    SCHOOL    LAWS 

CHAPTER  CXIX. 

Sec.  7. — Boards  of  School  Directors.  To  Lei  Contracts.  Clerk  of 
Board  to  Report  to  the  Count])  Superintendents,  cost  of  Material 
and  Labor.  School  Officials  Prohibited  From  Being  Party  to  Con- 
tract. 

(See  Chapter  70,  Laws   1913.) 
Sec.   8. — Clerks  in  Rural  Districts,   Principals   or  Superintendents   of 
Town  or  Cit-y  Schools  to  Make  Full  Report  to  County  Superintend- 
ents.    Contents  of  Reports. 

The  clerks  of  the  several  rural  districts,  principals  or  superintendents 
of  town  or  city  schools,  shall,  between  the  first  day  of  June  and  the  first 
day  of  July  of  each  year,  make  a  report  to  the  county  superintendent  in 
writing,  showing  in  detail  the  financial  condition  of  the  district,  the 
amount  of  money  received,  and  from  what  source,  including  receipts 
from  poll  taxes,  etc.,  district  bonds  or  special  levies,  and  the  manner  in 
which  the  same  has  been  disbursed  during  the  previous  year,  amount 
expended  for  repairs  or  improvements  of  school  houses  and  grounds, 
whether  rented  or  owned  by  the  district,  the  value  of  all  school  property, 
amount  of  bonded  indebtedness  of  district,  status  of  interest  fund, 
amounts  paid  for  rent,  fuel,  etc.,  salaries  paid  teachers  for  the  preceding 
year,  the  number  and  sex  of  the  school  population,  and  amount  expended 
for  books  for  indigent  children  under  Section  1555,  Compiled  Laws  of 
1897,  as  amended,  and  failure  to  properly  prepare  and  forward  said 
reports  shall  subject  such  clerk,  principal  or  town  or  city  superintendents 
to  prosecution  as  provided  in  Section  1535,  Compiled  Laws  of  1897, 
and  it  is  hereby  made  the  duty  of  county  superintendents  to  file  informa- 
tion against  such  derelicts. 

Sec.   9. — School  Directors   to  Furnish  Itemized  Accounts    With 

Vouchers. 
Superintendents  serving  in  districts  outside  of  incorporated  towns  or 
cities  are  hereby  required  to  accompany  all  vouchers  or  warrants  pre- 
sented for  the  signature  of  the  county  superintendent  with  itemized  state- 
ments of  account,  and  the  county  superintendent  shall  withhold  his  ap- 
proval of  all  bills  until  such  statements  are  provided. 
Sec.    1  1 — County  Superintendent.      When  to  be  at  County  Seat.      To 
Examine  Books  of  Directors. 
The  county  superintendent  is  hereby  required  to  be  in  attendance  at 
the  county  seat  on  the  first  Saturday  in  the  months  of  August,  Septem- 
ber,  October,   and  November   for  the   transaction   of  official   business. 
He  is  hereby  empowered  to  examine  from  time  to  time  the  records  and 
account  books  of  district  directors'  outside   of   incorporated   cities   and 


OF    THE    STATE   OF    NEW    MEXICO  51 

towns,  and  see  to  It  that  the  same  are  properly  kept,  and  it  is  hereby 
made  obhgatory  upon  all  such  directors  to  meet  at  their  accustomed 
place  within  the  district  at  least  once  every  thirty  days  during  the  school 
term  for  the  transaction  of  public  business. 

Sec.    12. — Count})  Superintendent  May  Reject   Warrants  Illegally  Is- 
sued by  School  Directors. 

The  county  superintendent  shall  investigate  the  legality  of  all  ac- 
counts as  to  whether  the  same  have  been  legally  incurred  and  allowed 
before  the  fixing  of  his  signature  thereto,  and  he  may  reject  any  warrant 
issued  by  district  school  directors  whenever  he  may  deem  such  warrant 
to  have  been  illegally  issued. 

Sec.    I  3. — School  Directors  Failing  to  Maf^e  Complete  Census. 

Penalty. 

County  superintendents  are  hereby  empowered  to  remove  from  office 
any  school  director,  in  districts  outside  of  incorporated  towns  and  cities, 
who  shall  fail  or  refuse  to  make  and  return  a  complete  census  of  the 
school  population  within  his  district  as  required  by  law,  and  such  person 
so  removed  shall  not  be  eligible  to  hold  said  office  for  a  period  of  two 
years  thereafter. 

Sec.    1  5. — Apportionment  of  School  Funds.      County  Superintendent 
to  Report  to  Probate  Clerk. 

County  superintendents  shall  quarterly,  and  within  ten  days  after  re- 
ceiving notice  that  any  school  funds  are-at  their  demand,  for  apportion- 
ment to  the  several  districts,  properly  make  said  apportionment  and 
specifying  the  number  of  the  district,  the  number  of  children  of  school 
age  in  each  district  and  the  amount  of  money  opportioned  thereto,  and 
a  copy  of  this  apportionment  report  shall  be  filed  within  ten  days  there- 
after in  the  office  of  the  prcbate  clerk  of  the  county,  and  he  shall  also 
supply  a  duplicate  copy  thereof  to  any  newspaper  printed  within  the 
county  which  will  give  publicity  to  the  same  free  of  charge  as  a  matter 
of  general  information. 

Sec.    1 6. — District  Superintendents.      Terms  of  Office.      Duties. 

District  superintendents  in  districts  consisting  of  incorporated  cities  or 
towns  shall  be  employed  for  a  term  of  not  to  exceed  two  years,  and 
their  duties  other  than  now  specified  by  law  may  be  defined  by  the  board 
of  directors  of  such  incorporated  city  or  town. 

Sec.    18. — Officials  of  Higher  Educational  Institutions.     Report  to  be 

Made.     Contents. 

In  addition  to  the  duties  now  required  by  law  of  the  governing  au- 
thorities of  the  higher  educational  institutions,  they  are  hereby  required 
to  make  duplicate  copies  of  reports,  under  date  of  June  30th  of  each 


52  COMPILATION    OF    THE    SCHOOL    LAWS 

year,  furnished  by  them  to  the  territorial  executive  for  use  in  his  annual 
report  to  the  secretary  of  the  interior,  and  a  copy  of  said  report  shall  be 
filed  in  the  office  of  the  superintendent  of  public  instruction;  such  report 
shall  show  the  date  of  establishment,  general  status  and  progress  of  such 
institution  during  the  year;  its  physical  equipment,  course  of  study,  num- 
ber of  pupils  enrolled  and  the  number  enrolled  who  are  not  actual  bona 
fide  residents  of  the  territory,  the  number  of  graduates  for  the  preceding 
year  and  the  total  number  of  graduates  to  date,  the  financial  condition, 
character  and  value  of  improvements  during  the  year,  value  of  all  prop- 
erty, receipts  from  all  sources,  disbursements,  and  such  other  informa- 
tion as  the  superintendent  of  public  instruction  may  require  for  incorpo- 
ration in  his  annual  report  to  the  governor  of  the  territory. 

Sec.  20. — Legal  Holidays  Defined.  Proviso. 
In  addition  to  the  legal  holidays  designated  by  law,  viz:  "July 
fourth,  December  twenty-fifth,  and  January  first,  and  all  days  desig- 
nated by  proclamation  of  the  governor  as  fast  days  or  thanksgiving 
days,"  February  twelfth  (Lincoln's  birthday)  and  February  twenty- 
second  (Washington's  birthday)  may  hereafter  be  observed  by  the 
public  schools  as  legal  holidays;  and,  provided,  any  teacher  or  teachers 
in  the  rural  districts  and  village  schools  shall  have  arranged  beforehand  a 
program  of  exercises  by  the  pupils  appropriate  for  the  occasion  for  the 
preceding  day,  the  directors  of  such  district  shall  not  deduct  any  moneys 
from  teachers'  salary  because  of  their  absence  from  active  school  duty  on 
such  holiday. 


Extracts  from  the  Laws  of  1905 


CHAPTER  XXIII.       . 

Sec.  1 . — School  Directors  to  Make  Enumeration  of  Persons  Within 
School  Age.  Dut^  of  Clerk. 
That  the  directors  of  schools  in  the  several  school  districts  in  the 
territory  shall,  on  or  before  the  first  day  of  September  of  each  year  make 
an  enumeration  of  all  unmarried  persons  between  five  and  twenty-one 
years  of  age,  giving  the  names,  ages,  and  sexes  of  such  persons  in  full, 
and  shall  report  the  same  in  writing,  which  enumeration  list  shall  be 
signed  by  all  the  directors,  to  the  county  superintendent  within  fifteen 
days  thereafter.  It  shall  be  the  duty  of  the  clerk  of  said  school  directors 
to  correctly  enumerate  or  cause  to  be  enumerated  all  unmarried  persons 
of  the  respective  school  districts  as  specified  herein.  For  said  enumera- 
tion he  shall  be  paid  from  any  funds  in  the  hands  of  said  directors  the 
sum  of  one  dollar  and  fifty  cents  for  each  one  hundred  names  or  frac- 
tion therof,  thus  enumerated. 

Sec.  2. — Punishment  for  False  Enumeration. 
Any  enumerator  acting  for  the  directors  of  schools  of  any  district 
who  shall  wilfully  place  fictitious  names,  or  names  of  persons  not  actu- 
ally residing  in  said  district,  upon  the  official  enumeration  list,  shall  be 
declared  guilty  of  a  misdemeanor  and  on  conviction  thereof,  before  any 
court  of  competent  jurisdiction,  he  shall  be  punished  by  a  fine  of  not 
less  than  ten  nor  more  than  fifty  dollars,  which  fine  shall,  when  paid, 
be  placed  in  the  school  fund  of  said  school  district. 


CHAPTER  CI. 
Sec.    79.  —  Militiamen  in  Good  Standing  Exempt  from  Payment  of 

Poll  Tax. 


CHAPTER  XLVIII. 
Sec.  1 .  ^ —  Directors  and  Boards  of  Education  to  Procure  United 
States  Flags  for  Public  Schools. 
The  boards  of  school  directors  of  the  various  school  districts  and  the 
boards  of  education  of  the  cities  and  towns  of  this  territory  shall  procure 
at  the  expense  of  their  respective  districts,  towns  or  cities,  for  every 
public  school  not  provided  therewith,  a  United  States  flag  not  less  than 


54  COMPILATION    OF    THE    SCHOOL    LAWS 

five  feet  long;  together  with  the  flag-staff,  and  the  necessary  appHances 
therefor;  and  thereafter  whenever  the  flag,  flagstaff  or  the  necessary  ap- 
pliances therefor  of  any  such  school  shall  from  any  cause  become  un- 
suitable for  further  use,  such  school  boards  of  directors  or  boards  of 
education  shall  in  the  same  manner  purchase  others  in  place  thereof. 

Sec.    2.  —  United  States  Flags  to  he  Displa^ied  Upon  Public  School 

Buildings. 

The  school  directors  or  boards  of  education  in  the  various  districts, 
cities  and  towns  in  the  territory  shall  cause  the  United  States  flag  to  be 
displayed  upon  the  public  school  buildings  or  premises  therein  during 
school  hours  if  m  their  best  judgment  it  be  practicable,  otherwise  at  such 
times  as  they  may  direct,  and  such  boards  of  school  directors  or  boards 
of  education  shall  also  establish  rules  and  regulations  for  the  proper 
care,  custody  and  display  of  the  flag;  and  when,  for  any  cause  it  is  not 
displayed,  it  shall  be  placed  conspicuously  in  the  principal  room  of  the 
school  building. 

Sec.    3. — Lincoln  Da^. 

The  twelfth  day  of  February,  in  each  and  every  year  hereafter,  is 
hereby  established  m  the  annual  school  calendar  to  be  known  as  Lin- 
coln day,  in  honor  of  the  birthday  of  Abraham  Lincoln,  and  shall  be 
observed  with  patriotic  exercises  in  the  public  schools,  but  such  day  shall 
in  no  wise  be  construed  to  be  a  holiday.  It  is  also  provided  that  when 
such  day  shall  fall  on  Sunday  or  on  Saturday,  the  following  or  preced- 
ing days  respectively,  as  the  case  may  be,  shall  be  observed. 


Extracts  from  the  Laws  of  1907 


CHAPTER  XCVI. 

An  Act  to  Facilitate  the  Collection  of  Poll  and  Road  Taxes, 

Section  1 .  That  any  person,  firm  or  corporation,  having  in  his, 
theirs,  or  its  employ  any  male  person  or  persons  required  by  law,  to  pay 
a  poll  tax,  or  to  do  public  work,  shall  on  demand  of  the  clerk  of  the 
school  board  of  any  school  district,  wherein  such  employes  may  reside 
and  are  required  by  law  to  pay  a  poll  tax,  furnish  to  him  a  list  of  the 
i^mes  of  all  employes  residing  in  such  school  district,  liable  by  law  to 
pay  a  poll  tax;  and  on  demand  of  the  road  overseer  of  any  precinct, 
shall  likewise  furnish  to  him  a  list  of  all  employes  residing  in  such  pre- 
cinct who  are  required  by  law  to  work  on  the  public  roads  therein;  and 
if  the  clerk  of  any  school  district  or  road  overseer,  shall  find  on  such  list 
so  furnished  to  him  as  by  this  act  provided,  the  name  or  names  of  any 
person  or  persons  who  have  not  paid  his  poll  tax  or  work  on  the  public 
roads  or  paid  a  road  tax  in  lieu  of  such  work  as  required  by  law,. such 
clerk  and  road  overseer  respectively  shall  give  to  such  employer  the 
names  of  all  employes  found  by  him  on  the  list  furnished  as  herein  pro- 
vided, together  with  the  statement  of  the  amount  of  poll  tax  or  road  tax, 
as  the  case  may  be,  each  employe  is  due  and  owing  and  thereupon,  every 
such  employer  shall  pay  to  such  clerk  or  road  overseer  as  the  case  may 
be,  the  amount  due  and  payable  from  each  employe,  taking  from  the 
officer  collecting  the  said  poll  tax  or  road  tax,  a  separate  receipt  for 
the  tax  of  each  employe  so  paid,  which  receipts  shall  be  and  become  a 
complete  and  counter  claim  and  set  off  to  the  amount  of  their  full  face 
value  in  discharge  of  any  obligation  or  any  manner  of  indebtedness  ex- 
isting at  the  time,  or  which  may  at  any  time  thereafter  exist  and  be 
owing  to  any  such  employe  by  the  employer  paying  the  same. 

Sec.  2.  Any  employer  who  shall  refuse  to  furnish  the  lists  of  em- 
ployes or  pay  the  poll  or  road  tax  as  provided  in  the  preceding  section 
shall  be  guilty  of  a  misdemeanor  and  on  conviction  thereof  before  any 
justice  of  the  peace  having  jurisdiction  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  dollars  ($25.00)  nor  more  than  one  hundred  dol- 
lars ($100.00)  and  the  costs  of  the  prosecution,  which  fines  when  col- 
lected shall  be  turned  into  the  school  fund  of  the  school  district  the  clerk 
of  which  made  the  demand  for  the  lists  and  payment  of  poll  tax  in  poll 
tax  cases,  and  into  the  road  fund  of  the  proper  precinct  where  the  de- 


56  COMPILATION    OF    THE    SCHOOL    LAWS 

mand  for  the  lists  and  payment  on  road  tax  is  made  by  the  road  overseer 
and  refused  by  the  defendant  being  prosecuted  under  the  provisions  of 
this   act. 


CHAPTER  XCVII. 
An  Act  to  Revise  and  S\)stematize  the  School  Larvs. 

Section  1.  Organization  and  Compensation. — There  shall  be  a 
Territorial  Board  of  Education  which  will  consist  of  nine  members: 
The  Governor,  the  Superintendent  of  Public  Instruction,  and  seven 
members  to  be  appointed  by  the  Governor  for  the  term  of  five  years 
each;  five  of  said  seven  appointed  members  to  be  selected  from  among 
the  heads  of  the  Territorial  educational  institutions,  the  president  of  St. 
Michael's  College  at  Santa  Fe,  and  the  superintendents  of  schools  in 
the  four  cities  of  the  Territory  ranking  highest  in  population  at  the  time 
of  the  appointment;  and  two  of  said  seven  to  be  citizens  interested  in 
public  education  who  are  not  professional  teachers,  at  least  one  of  whom 
shall  be  at  the  time  of  his  appointment  a  county  superintendent  of 
schools,  these  latter  to  be  appointed  during  March,  1  909.  At  the  ex- 
piration of  the  term  of  office  of  a  member  as  this  board  is  now  organized 
under  existing  laws,  the  governor  shall  appoint  his  successor  for  a  term 
of  five  years,  and  from  among  those  persons  who  are  made  eligible  by 
this  act.  The  board  shall  meet  at  the  office  of  the  superintendent  of 
public  instruction  four  times  a  year,  at  such  times  as  it  may  elect,  and 
such  other  times  upon  the  call  of  the  governor  or  a  majority  of  its  mem- 
bers, as  the  public  business  may  require.  The  governor  shall  be  presi- 
dent of  said  board,  but  in  his  absence  the  board  may  elect  a  presiding 
officer  pro  tempore. 

NOTE: — The  foregoing  is  amended  by  the  Constitution,  Article 
XII  and  by  Chapter   37,  Laws  1912. 

The  members  of  the  board  of  education  shall  receive  ten  ( 1  Oc)  cents 
per  mile  for  attending  each  meeting  of  the  said  board,  counting  one  way 
from  their  place  of  residence  to  its  place  of  meeting,  and  two  and  one- 
half  ($2.50)  dollars  a  day  for  each  session  thereof.  This  mileage  and 
per  diem  shall  be  paid  to  the  members  of  said  board  of  education  by  the 
territorial  treasurer  upon  the  order  of  the  territorial  auditor  out  of  the 
funds  arising  from  the  rental  of  the  common  school  lands  of  the  Ter- 
ritory. 

Sec.  2.  General  Powers. — The  territorial  board  of  education  shall 
have  power  to  grant,  renew  and  revoke  teachers'  certificates,  to  adopt  a 
series  of  text-books  and  a  uniform  course  of  study  for  the  various  public 
schools  of  the  Territory,  to  exercise  a  general  control  over  teachers'  in- 


OF    THE   STATE    OF    NEW    MEXICO  57 

stitutes,  and  to  perform  such  other  duties  pertaining  to  matters  of  educa- 
tion as  may  hereinafter  be  provided  by  law. 

Sec.  3.  County  Teachers'  Certificates. — The  Territorial  board  of 
education  is  hereby  empowered  to  issue  three  grades  of  county  teachers' 
certificates,  to  be  known  as  first  grade,  second  grade  and  third  grade, 
respectively.  The  certificates  shall  be  issued  by  said  board  of  educa- 
tion upon  examination  in  such  subjects  as  it  may  elect,  or  upon  the  ap- 
plicants' presenting  grades  in  the  subjects  as  required  by  said  board  from 
any  of  the  educational  institutions  of  the  territory.  The  said  examina- 
tion shall  be  held  at  such  times,  at  such  places,  and  in  such  manner  as 
said  board  deems  most  expedient.  The  examination  for  county  teachers' 
certificates  shall  be  conducted  by  the  county  superintendent  under  such 
rules  and  regulations  as  such  board  of  education  may  prescribe.  Upon 
the  close  of  the  examination  the  county  superintendent  shall  forward  the 
papers  of  the  applicants  to  the  superintendent  of  public  instruction,  who 
shall  grade  them,  or  cause  them  to  be  graded.  The  superintendent  of 
public  instruction  is  hereby  authorized  to  employ  such  person  or  persons 
to  assist  him  in  grading  the  papers  of  applicants  as  he  may  judge  com- 
petent. To  pay  the  service  of  such  person  or  persons  eight  hundred 
($800.00)  dollars  is  hereby  set  aside  annually,  or  so  much  thereof  as 
is  necessary,  out  of  the  funds  arising  from  the  rental  of  common  school 
lands  of  the  Territory.  The  territorial  auditor  shall  pay  such  persons 
for  their  services  upon  presenting  receipted  bills  approved  by  the  super- 
intendent of  public  instruction.  Holders  of  county  certificates  shall  be 
entitled  to  teach  in  any  school  district,  independent  district,  incorporated 
town,  city  or  village  of  the  territory.  A  third  grade  certificate  entitles 
the  holder  thereof  to  teach  for  one  year,  second  grade  two  years,  and 
the  first  grade  three  years,  respectively.  All  certificates  shall  be  void 
at  the  expiration  of  the  term  for  which  they  were  issued.  The  county 
superintendents  are  hereby  authorized  to  renew  first  grade  county  teach- 
ers' certificates  once  only  without  a  formal  examination:  Provided, 
Evidence  is  shown  of  successful  experience  in  teaching  and  faithful  at- 
tendance to  duty;  Provided,  further.  That  no  such  renewal  shall  be 
made  by  the  county  superintendent  without  the  consent  of  the  superin- 
tendent of  public  instruction.  Boards  of  education  of  incorporated  cities 
may  issue  teachers'  certificates  for  such  period  of  time  and  under  such 
regulations  as  they  may  prescribe,  but  such  certificates  shall  be  vaHd 
only  in  the  city  whose  board  issues  them. 

Sec.  4.  Territorial  Teachers'  Certificates. — The  territorial  board 
of  education  is  hereby  authorized  to  issue  territorial  teachers'  professional 
certificates  to  persons  whom  it  may  deem  quaHfied  by  reason  of  moral 
character,  academic  scholarship,  knowledge  of  the  theory  and  art  of 
teaching  and  actual  practice  in  teaching.      Holders  of  the   certificates 


58  COMPILATION    OF    THE    SCHOOL    LAWS 

who  possess  a  certificate  of  attendance  upon  some  county  normal  institute 
or  summer  school  as  herein  provided  by  law,  shall  be  entitled,  without 
further  examination,  to  teach  in  any  of  the  public  schools  of  New  Mex- 
ico for  the  period  of  time  designated  therein. 

The  territorial  board  of  education  is  hereby  empowered  to  officially 
endorse  teachers'  certificates  granted  in  States  and  other  Territories,  un- 
der such  rules  as  it  may  prescribe;  and  to  grant  certificates  of  the  first, 
second  and  third  grade  to  persons  who  have  completed  specified  courses, 
approved  by  the  territorial  board  of  education,  in  New  Mexico  terri- 
torial educational  institutions  or  other  schools  designated  by  said  board; 
Provided,  That  upon  graduation  from  St.  Michael's  College,  located  at 
Santa  Fe,  the  holder  of  a  diploma  from  the  full  course  of  study  given 
by  said  institution  shall  be  entitled  to  a  county  first  grade  certificate, 
which  shall  be  recognized  in  all  counties  of  the  territory  as  a  legal  certi- 
ficate for  the  period  of  time  designated  therein. 

Sec.  5.  Temporary  Permits  to  Teach.  —  The  superintendent  of 
public  instruction  is  hereby  authorized  to  issue,  pending  the  regular  ex- 
amination of  teachers,  permits  to  teach  in  the  public  schools  of  the 
territory,  to  persons  whose  credentials  as  to  ability  and  experience  in 
teaching  properly  certified  to  are  deemed  to  meet  the  requirements  of  the 
law,  and  such  temporary  permits  shall  expire  upon  the  first  day  of  the 
next  succeeding  examination  of  teachers.  County  school  superintendents 
shall  have  like  authority  in  their  respective  counties,  and  certificates  .so 
issued  by  county  school  superintendents  shall  be  good  only  in  the  county 
where  issued,  and  shall  not  be  issued  twice  in  succession  to  the  same  per- 
son, and  shall  expire  at  the  next  examination  of  teachers  in  the  said 
county. 

Sec.  6.  Teachers'  Institute. — The  county  superintendents  of  pub- 
lic schools  should  hold  annually  in  their  respective  counties,  for  a  term 
of  not  less  than  two  weeks,  a  teachers'  institute  for  the  instruction  of 
teachers  and  those  desiring  to  teach.  The  county  superintendents  of  the 
public  schools  with  the  advice  and  consent  of  the  territorial  superintend- 
ent of  public  instruction,  shall  determine  the  time  and  place  of  holding 
such  institutes,  and  shall  select  conductors  and  instructors  for  the  same, 
and  provide  for  the  compensation  thereof.  No  person  shall  be  selected 
or  shall  serve  as  a  conductor  or  instructor  who  does  not  hold  a  certificate 
from  the  territorial  board  of  education  authorizing  him  or  her  to  do  so. 
It  shall  be  compulsory  upon  all  persons  who  expect  to  teach  in  any 
school  district,  independent  district  or  incorporated  town,  city  or  village, 
to  attend  at  least  two  weeks  of  the  county  institute  or  to  show  a  certifi- 
cate of  attendance  upon  some  county  institute  or  summer  school  approved 
by  the  superintendent  of  public  instruction  held  within  the  year.  Teach- 
ers who  hold  a  third  grade  county  certificate  or  permit  to  teach,   and 


OF   THE    STATE    OF    NEW    MEXICO  59 

who  have  taught  at  least  three  months  of  school  during  the  twelve 
months  previous  to  the  time  of  holding  any  county  institute,  may,  upon 
attendance  upon  a  county  institute  for  a  full  term  of  four  weeks  receive 
the  sum  of  fifteen  dollars  ($15.00)  from  the  treasurer  of  the  Territory, 
upon  the  order  of  the  Territorial  Auditor  of  the  funds  arising  from  the 
rental  or  sale  of  the  common  school  lands  of  the  Territory,  upon  pre- 
senting to  the  Territorial  Auditor  a  certificate  from  the  county  school 
superintendent  of  the  county  in  which  the  institute  is  held,  and  signed 
by  the  institute  conductor  and  the  Territorial  Superintendent  of  Public 
Instruction,  certifying  that  said  teacher  had  complied  with  the  provisions 
of  this  act;  and  such  teachers  are  also  exempt  from  the  institute  fees 
otherwise  required.  The  territorial  board  of  education  is  hereby  for- 
bidden to  issue  a  certificate  to  any  person  who  refuses  to  comply  with 
the  provision  of  this  act;  Provided,  Any  person  or  persons,  who  fail  to 
so  attend  by  reason  of  sickness  or  good  and  sufficient  excuse  rendered 
to  the  county  superintendent  and  approved  by  him  and  by  the  superin- 
tendent of  public  instruction,  may  be  excused  from  such  attendance. 
Provided,  further.  The  territorial  board  of  education  is  hereby  empow- 
ered to  excuse  such  persons  from  attending  the  county  teachers'  institute 
as  in  its  judgment  it  deems  eminently  qualified  to  teach  by  reason  of 
their  professional  scholarship  and  training,  and  that  nothing  herein  con- 
tained shall  make  it  compulsory  for  cities  which  engage  a  city  superin- 
tendent of  schools  who  gives  at  least  half  of  his  time  to  direct  super- 
vision to  hold  such  institutes. 

NOTE: — Under  the  restrictions  imposed  by  the  Constitution,  it  is 
impossible  to  pay  the  compensation  of  $15.00  as  contemplated  in  the 
foregoing. 

The  territorial  board  of  education  is  hereby  empowered  to  issue  a 
course  of  study  for  teachers'  institutes.  Authority  is  hereby  conferred 
upon  the  superintendent  of  pubhc  instruction  to  authorize  the  county 
superintendent  in  any  county  wherein  the  conditions  are  such  as  to  make 
it  expedient  to  do  so,  to  hold  joint  county  teachers'  institutes  at  such 
place  as  may  be  most  convenient  to  all  parties  concerned,  and  when 
such  power  is  delegated  to  a  county  superintendent,  the  expense  of  any 
such  institute  shall  be  divided  equitably  by  the  county  superintendents, 
subject  to  the. approval  of  the  territorial  superintendent  of  public  in- 
struction, among  the  counties  participating  therein. 

For  the  purpose  of  meeting  the  expenses  of  the  county  teachers*  insti- 
tutes, county  treasurers  of  class  "A"  shall  set  apart  annually  from  the 
general  school  funds  of  their  respective  counties  not  less  than  one  hun- 
dred ($100.00)  dollars;  in  counties  of  class  *'B"  not  less  than  seventy- 
five  ($75.00)  dollars  for  such  purpose;  in  counties  of  classes  '*C," 
"D"  and  "E"  not  less  than  fifty   ($50.00)   dollars  for  such  purpose: 


60  COMPILATION    OF    THE    SCHOOL    LAWS 

Provided^  That  In  counties  where  an  institute  is  held  for  a  full  term  of 
four  weeks  the  county  treasurer  shall  set  aside  at  least  fifty  ($50.00) 
more  than  that  already  provided  for  institute  purposes.  At  each  session 
of  the  teachers'  institute  the  county  superintendent  upon  the  advice  and 
consent  of  the  territorial  superintendent  of  public  instruction  shall  collect 
from  each  person  in  attendance  a  fee  of  not  less  than  one  ($1.00) 
dollar  and  not  more  than  three  ($3.00)  dollars.  The  money  thus 
collected  and  set  apart  shall  be  known  as  the  "County  Teachers'  Insti- 
tute Fund,"  and  the  county  treasurer  shall  be  its  custodian,  but  he  shall 
not  receive  any  of  it  for  his  services  in  receiving  or  as  such  custodian. 
All  disbursements  of  the  "Teachers'  Institute  Fund"  shall  be  upon  the 
order  of  the  county  superintendent,  countersigned  by  the  superintendent 
of  public  instruction,  and  no  order  shall  be  drawn  on  said  fund,  except 
for  services  rendered  and  expenses  actually  incurred  in  connection  with 
the  teachers'  institute.  But  the  legitimate  expenses  incidental  to  con- 
ducting examination  ordered  by  the  Territorial  Board  of  Education 
shall  be  considered  as  expenses  incurred  in  connection  with  the  teachers' 
institute;  Provided,  That  the  Territorial  Board  of  Education  shall  have 
the  power  to  waive  the  holding  of  any  county  normal  institute  m  coun- 
ties where  authorized  summer  schools  are  held  and  in  counties  adjacent 
thereto. 

Sec.  7.  Revoking  Certificates. — The  territorial  board  of  education 
is  hereby  empowered  to  revoke  certificates  of  conductors  and  instructors 
of  teachers'  institutes,  territorial  teachers'  professional  certificates,  county 
teachers'  certificates,  and  city  teachers'  certificates  issued  by  boards  of 
education,  for  incompetency,  iirmiorality  of  the  holder,  or  for  any  cause 
that  should  have  withheld  the  issue  of  such  certificate;  Provided,  That 
in  each  case  the  accused  shall  be  allowed  a  full  and  fair  hearing  at 
which  he  may  be  privileged  to  employ  the  services  of  counsel. 

Sec.  8.  Legally  Qualified  Teacher. — A  legally  qualified  teacher 
to  teach  in  any  school  district,  incorporated  town,  city,  village,  or  inde- 
pendent district,  shall  be  one  who  has  been  certificated  as  prescribed  in 
this  act,  and  who  possesses  a  certificate  of  attendance  upon  some  county 
teachers'  institute,  or  summer  school,  approved  by  the  territorial  superin- 
tendent of  public  instruction,  held  within  twelve  months,  or  has  an 
approved  excuse  for  non-attendance;  or  one  who  holds  a  legal  permit  to 
teach  in  this  territory.  Any  county  superintendent,  member  of  a  board 
of  school  directors,  member  of  a  board  of  education,  county  treasurer, 
or  other  persons,  who  shall  directly  or  indirectly  cause  the  public  school 
funds  to  be  paid  for  teachers'  services  to  any  other  person  than  a  legally 
qualified  teacher  under  the  provisions  of  this  act,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  the  sum  of 
not  less  than  one  hundred   ($100.00)   dollars  nor  more  than  five  hun- 


OF    THE    STATE    OF    NEW    MEXICO  61 

dred  ($500.00)  dollars  for  each  and  every  offense,  and  may  be  re- 
moved from  office  in  the  manner  provided  by  law. 

Sec.  9.  Text  Books.  —  The  territorial  board  of  education  shall 
have,  and  is  hereby  vested  with  full  power  to  adopt  a  system  of  school 
books  for  the  use  of  the  public  schools  of  the  Territory,  and  only  the 
school  books  so  adopted  by  said  board  shall  be  used  in  any  of  the  first 
eight  grades  of  the  public  schools  of  this  Territory.  The  board  of 
education  shall  have  power  to  contract  with  the  publisher  or  publishers 
of  text  books  adopted  for  use  in  the  public  schools  of  New  Mexico,  in 
the  name  of  the  Territory  and  through  the  superintendent  of  public  in- 
struction for  the  purchase  and  delivery  of  said  books  under  such  regula- 
tions as  the  board  may  adopt. 

Text  books  once  adopted  shall  not  be  changed  for  four  years  and  the 
iirst  contract  under  this  act  shall  not  be  entered  into  between  the  pub- 
lishers and  the  Territory  later  than  June  15,   1907. 

NOTE: — Under  the  Constitution  the  period  of  adoption  is  length- 
ened to  six  years. 

If  the  Territorial  board  of  education  shall  violate  the  provision  in 
this  section  contained  against  changing  within  a  period  of  four  years 
text  books  adopted  by  such  board,  or  if  such  territorial  board  of  educa- 
tion, the  superintendent  of  public  instruction,  any  county  superintendent, 
or  any  board  of  school  directors,  or  board  of  education  in  this  territory 
shall  knowingly  permit,  in  any  of  the  first  eight  grades  of  the  public 
schools  of  this  Territory,  the  use  of  any  text  book  or  books  other  than 
such  as  are  adopted  by  the  territorial  board  of  education,  upon  convic- 
tion thereof,  the  person  or  persons  convicted  shall  be  punished  by  a  fine 
of  not  less  than  ten  ($10.00)  dollars  nor  more  than  one  hundred 
($100.00)  dollars;  Provided,  That  nothing  herein  contained  shall  pre- 
vent the  use  of  text  books,  approved  by  the  territorial  board  of  educa- 
tion or  the  territorial  superintendent  of  public  instruction,  supplementary 
to  the  regularly  adopted  text  books. 

Territorial  Superintendent  of  Public  Instruction. 

Sec.  10.  Appointment,  Term,  Salary,  Oath. — At  the  expiration 
of  the  term  of  office  of"  the  present  superintendent  of  public  instruction, 
and  every  two  years  thereafter,  the  governor  shall  appoint,  by  and  with 
the  advice  and  the  consent  of  the  council,  a  duly  qualified  person  as 
superintendent  of  public  instruction,  who  shall  hold  his  office  for  two 
years  and  until  his  successor  is  appointed  and  has  qualified.  Salary  of 
said  superintendent  shall  be  twenty-four  hundred  ($2,400.00)  dollars 
per  annum,  payable  monthly  on  the  warrant  of  the  auditor  drawn  upon 
the  territorial  treasurer.  Said  superintendent  of  public  instruction  shall 
before  entering  upon  the  duties  of  his  office,  take  and  subscribe  to  the 


62  COMPILATION    OF    THE    SCHOOL    LAWS 

oath  or  affirmation  as  provided  by  law,  which  oath  or  affirmation  shall 

be  filed  in  the  office  of  the  Secretary  of  the  Territory. 

NOTE: — The  foregoing-  is  amended  by  Article  V  of  the  Constitu- 
tion. 

5ec.  1  1 .  General  Powers  and  Duties.  —  The  superintendent  of 
public  instruction  shall  have  general  supervision  of  public  education,  and 
it  shall  be  his  duty  to  visit  the  territorial  institutions  and  to  meet  with 
governing  boards  of  said  institution  at  least  once  in  each  year.  He  shall 
have  supervision  over  rural  schools,  acting  through  the  county  superin- 
tendents who  shall  be  responsible  to  the  superintendent  of  public  instruc- 
tion for  faithful  performance  of  their  duty.  He  shall  have  such  general 
supervision  over  city,  town,  and  village  schools  as  shall  be  necessary  in 
harmonizing  and  systematizing  reports,  and  in  securing  uniform  opera- 
tion of  the  public  school  system.  He  is  hereby  vested  with  general  su- 
pervision over  the  official  records  and  accounts  of  any  school  district, 
independent  district,  or  those  of  any  incorporated  city,  town  or  village, 
and  may  require  correction  thereof,  when  .necessary,  personally,  or  he 
may  delegate  this  power  to  the  county  superintendent.  He  may  suspend 
the  county  superintendent  and  institute,  or  cause  to  be  instituted,  pro- 
ceedings in  a  court  of  competent  jurisdiction  for  the  purpose  of  bringing 
about  the  removal  of  said  county  superintendent  in  the  manner  prescribed 
by  law,  when  he  shall  be  satisfied  from  sufficient  evidence  submitted  to 
him  that  said  county  superintendent  does  not  possess  the  qualifications 
required  or  perform  his  duties  as  prescribed  by  the  territorial  board  of 
education. 

The  superintendent  of  public  instruction  shall,  at  the  request  of  any 
county  school  superintendent  or  other  school  officer,  give  his  opinion 
upon  a  written  statement  of  the  facts  on  any  question  or  controversy 
arising  out  of  the  interpretation  and  construction  of  school  laws  and  shall 
keep  a  record  of  all  such  decisions. 

Upon  giving  any  such  opinion  the  superintendent  may  submit  the 
statement  of  facts  to  the  attorney  general  for  his  advice  thereon.  It  shall 
be  the  duty  of  the  attorney  general  forthwith,  to  examine  such  statement 
and  suggest  the  proper  decision  to  be  made  upon  such  facts. 

Sec.  12.  Visit  Rural  Schools,  Traveling  Expenses. — It  shall  be 
the  duty  of  the  territorial  superintendent  of  public  instruction  to  visit 
each  county,  as  often  as  consistent  with  the  discharge  of  his  other  duties, 
for  the  purpose  of  holding  teachers'  meetings,  advising  with  county  su- 
perintendents and  school  directors,  and  awakening  an  interest  in  the 
cause  of  education  throughout  the  Territory.  To  this  end  an  annual 
appropriation  of  seven  hundred  ($700.00)  dollars,  or  such  a  part 
thereof  as  may  be  required,  is  hereby  made  for  traveling  expenses,  pay- 
able on  presentation  of  certified  vouchers  and  warrants  drawn  by  the 


OF    THE   STATE    OF    NEW    MEXICO  6!) 

auditor  upon  the  territorial  treasurer.  Such  traveling  expenses  may  be 
incurred  by  the  assistant  superintendent  when  acting  under  the  direction 
of  the  superintendent  of  public  instruction.  Said  superintendent  shall 
file  and  carefully  preserve  in  his  office  the  official  reports  made  to  him 
by  the  county  superintendents  of  the  several  counties,  heads  of  the  terri- 
torial educational  institutions,  and  by  trustees  and  directors  of  all  schools 
of  whatever  nature  within  the  Territory. 

Sec,  1  3.  Blanks,  School  Law,  Lincoln  Day  Program. — Said  su- 
perintendent shall  prescribe  and  cause  to  be  prepared  in  English  and 
Spanish  all  forms  and  blanks  necessary  in  carrying  out  the  details  of  the 
common  school  system,  so  as  to  secure  its  uaiform  operation  throughout 
the  Territory,  and  cause  the  same  to  be  forwarded  to  the  several  county 
superintendents  to  be  by  them  distributed  to  the  several  persons  entitled 
to  receive  the  same.  He  shall  cause  to  be  published,  as  needed,  as 
many  copies  of  the  school  laws  in  force,  with  such  forms,  decisions,  an- 
notations, regulations,  and  instructions  as  he  may  judge  expedient  thereto 
annexed,  and  shall  cause  the  same  to  be  forwarded  to  the  county  super- 
intendent of  public  instruction,  to  prepare  a  program  of  patriotic  exercises 
for  the  proper  observance  of  Lincoln  Day,  and  to  furnish  printed  copies 
of  the  same  to  the  school  directors  and  boards  of  education  of  various 
districts,  cities,  towns  and  villages,  at  least  four  weeks  previous  to  the 
twelfth  day  of  February  in  each  year;  he  shall  also  prepare  for  the  use 
of  the  school  a  printed  program  providing  for  a  uniform  salute  to  the  flag. 

Sec.  1 4.  Annual  Report.  —  The  territorial  superintendent  shall 
prepare  and  cause  to  be  published  annually  a  report  of  all  the  common 
schools,  academies,  normal  schools,  colleges,  private  and  sectarian 
schools  in  the  Territory,  which  report  shall  indicate  the  number  and  sex 
of  all  persons  enrolled  in  the  several  schools;  the  value  of  the  school 
property,  and  such  other  facts  as  he  may  deem  expedient;  the  same  to 
be  drawn  from  the  reports  of  the  county  superintendents  and  from  the 
reports  of  school  boards,  boards  of  regents,  and  boards  of  trustees  of  the 
several  institutions. 

Sec.  1  5.  Secretary  of  the  Territorial  Board  of  Education. — The 
territorial  supintendent  of  public  instruction  shall  be  secretary  of  the  ter- 
ritorial board  of  education  and  shall  keep  faithful  and  correct  records 
of  its  proceedings,  which  records  shall  be  kept  open  at  all  times  for  in- 
spection. A  copy  of  said  record,  certified  by  the  secretary  of  the  board 
shall  in  all  cases  be  received  as  evidence  in  the  courts  of,  or  elsewhere 
in.  New  Mexico. 

Sec.  1  6.  Assistant  Superintendent,  Salary.  —  The  superintendent 
of  public  instruction  is  hereby  empowered  to  appoint  an  assistant  super- 
intendent of  public  instruction,  who  shall  be  thoroughly  conversant  with 
the  Spanish  and  English  languages  and  to  revoke  such  appointment  at 


64  COMPILATION    OF    THE    SCHOOL    LAWS 

his  discretion,  and  such  assistant  shall  take  the  oath  of  office  as  provided 
by  law,  which,  with  his  appointment,  shall  be  filed  with  the  secretary  of 
the  territory.  Said  assistant  shall  receive  a  salary  not  to  exceed  fifteen 
hundred  ($1,500.00)  dollars  per  annum,  payable  in  hke  manner  as 
provided  for  the  payment  of  the  salary  of  the  superintendent  of  public 
instruction. 

Sec.  I  7.  Location  of  Office — Official  Acts  Certified. — The  office 
of  the  superintendent  of  public  instruction  shall  be  at  the  seat  of  govern- 
ment where  shall  be  kept  all  books  and  papers  pertaining  to  the  business 
of  his  office,  and  copies  of  all  papers  filed.  His  official  acts  shall  be 
certified  by  him,  and  when  so  certified  to  shall  be  received  in  the  courts 
of,  or  elsewhere  in.  New  Mexico,  as  evidence  equally  and  in  like  man- 
ner as  the  original  papers,  and  he  shall  deliver  to  his  successor  within 
ten  days  after  the  expiration  of  his  term,  all  books,  papers,  documents, 
and  other  property  belonging  to  his  office. 

Sec.  1 8.  County  Superintendent,  Election,  Qualifications.  —  A 
county  superintendent  of  schools  for  each  county  shall  be  elected  at  each 
general  election,  and  shall  enter  upon  the  duties  of  his  office  on  the  first 
of  January  following  his  election.  Said  county  superintendent  shall  hold 
office  for  two  years,  or  until  his  successor  shall  have  been  duly  elected 
and  has  qualified,  unless  sooner  removed  for  cause. 

From  and  after  the  date  of  passage  of  this  act,  no  person  shall  be 
eligible  to  the  office  of  county  superintendent  of  schools  who  is  not  a. 
person  of  culture  and  practical  experience  and  learning  in  those  branches 
of  education  taught  in  public  schools,  as  provided  by  law,  and  a  person 
of  good  moral  character,  such  qualifications  to  be  passed  upon  and  ap- 
proved by  the  Territorial  Board  of  Education:  Provided,  This  section 
shall  not  take  effect  until  January  1 ,   1  909. 

Any  person  or  persons  who  shall  directly  or  indirectly  cause  any  por- 
tion of  the  public  school  fund  to  be  paid  to  any  person  for  services  as 
county  superintendent  of  schools  who  shall  not  have  filed  with  the  county 
treasurer  a  certified  statement  of  the  qualifications  hereinbefore  men- 
tioned shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  in  the  sum  of  not  less  than  one  hundred  ($100.00)  dollars  nor 
more  than  five  hundred  ($500.00)  dollars  for  each  and  every  offense, 
and  may  be  removed  from  office  as  provided  by  law. 

In  case  no  person  having  the  qualifications  as  herein  provided  for 
county  superintendent  shall  be  elected  in  any  county,  then  upon  the 
nomination  of  the  territorial  board  of  education,  the  board  of  county 
commissioners  of  said  county  shall  appoint  as  county  superintendent  a 
person  having  such  qualifications,  who  shall  fill  the  office  until  a  properly 
qualified  person  shall  have  been  elected  by  the  people  of  the  county,  or 
until  a  successor  shall  have  been  appointed  and  has  duly  qualified. 


OF    THE    STATE    OF    NEW    MEXICO  65 

Sec.  1 9.  Oath  and  Bond. — Each  County  Superintendent,  before  en- 
tering upon  the  discharge  of  the  duties  of  his  office,  shall  take  and  subscribe 
to  the  oath  or  affirmation  as  provided  by  law,  which  oath  or  affirmation 
shall  be  filed  in  the  office  of  the  probate  clerk.  Within  thirty  days  after 
receiving  his  certificate  of  election  or  appointment  as  herein  provided,  he 
shall  give  a  bond  in  the  sum  of  two  thousand  ($2,000.00)  dollars  to 
be  approved  by  and  filed  with  the  board  of  county  commissioners  of 
his  county. 

Sec.  20..  Powers  and  Duties. — Subject  to  the  supervision  and  di- 
rection of  the  superintendent  of  public  instruction,  the  county  superin- 
tendent of  schools  shall  have  jurisdiction  over  all  public  schools  within 
his  county,  except  those  in  cities,  and  such  schools,  including  city  schools, 
shall  make  such  reports  to  the  county  superintendent  and  to  the  superin- 
tendent of  public  instruction  as  may  be  required  by  the  territorial  board 
of  education.  Each  county  superintendent  shall  visit  each  school  within 
his  county  as  often  as  the  territorial  board  of  education  may  prescribe. 
He  shall  supervise  the  methods  of  instruction  employed  in  the  various 
schools;  consult  with  the  school  directors  concerning  the  improvement  of 
their  schools  and  the  keeping  of  their  accounts;  enforce  compliance  with 
the  school  laws;  organize,  disorganize,  or  change  the  boundaries  of  ^ny 
school  district,  as  hereinafter  provided  in  this  act;  hold  teachers'  meet- 
ings for  the  advancement  of  the  school  interests  of  his  county,  and  per- 
form such  other  duties  as, are  now  provided  by  law  for  county  superin- 
tendents and  such  as  the  territorial  board  of  education  may  prescribe. 
He  shall  also  on  the  third  Monday  in  January,  April,  July  and  October 
of  each  year,  or  as  soon  thereafter  as  he  shall  receive  the  certificate  of 
the  territorial  superintendent  of  public  instruction  signify  the  amount  ap- 
propriated to  each  county  for  the  use  of  the  common  schools  of  the 
current  year,  apportion  such  amount,  together  with  the  county  school 
fund  for  the  same  purpose,  to  the  several  districts  within  his  county,  in 
proportion  to  the  number  of  school  children  residing  in  each  over  five  and 
under  twenty-one  years  of  age,  as  the  same  shall  appear  from  the  last 
annual  reports  of  the  clerks  of  the  respective  school  districts,  and  he 
shall  immediately  certify  such  apportionment  to  the  directors  of  the 
respective  school  districts,  and  to  the  county  treasurer  of  his  county,  who 
shall  credit  the  several  school  districts  on  his  books  with  the  respective 
sums  apportioned  to  them:  Provided,  That  the  county  school  superin- 
tendent is  hereby  authorized  to  leave  in  the  county  school  fund  a  suffici- 
ent amount  to  meet  such  warrants  as  may  be  legally  drawn  against  this 
fund  as  elsewhere  provided  by  law. 

Sec.   2 1 .      Salary  and  Office  Expenses. — From  and  after  the  first 
of  January,  1909,  the  county  superintendents  of  the  several  counties  of 


66  COMPILATION    OF    THE    SCHOOL    LAWS 

this  Territory  shall  receive  the  following  annual  compensation,  payable 
from  the  general  school  fund  of  the  county,  in  monthly  installments  on 
warrants  of  the  probate  clerk,  drawn  on  the  county  treasurer: 
In  counties  of  ten  rooms  or  less,  under  the  jurisdiction  of  the 

county   superitnendent,   as   provided   in   this   act,    used    for 

general  school  purposes  at  least  three  months  in  the  year.  .$    300.00 

In  counties  of  eleven  to  sixteen  rooms,  as  aforesaid 600.00 

In  counties  of  seventeen  to  twenty-five  rooms,  as  aforesaid.  .  .  800.00 
In  counties  of  twenty-six  to  thirty-three  rooms,  as  aforesaid;  .  1000.00 
In  counties  of  thirty-four  to  forty-two  rooms,  as  aforesaid ...  1  200.00 
In  counties  of  forty-three  rooms,  or  more,  as  aforesaid  and  in 

all  counties  of  the  first  class  determined  by  the  latest  report 

of  the  Territorial  traveling  auditor 1  500.00 

Provided,  horvever.  That  the  salaries  as  fixed  by  this  Section  shall 
not  in  any  event  exceed  one-third  of  the  total  amount  of  money  collected 
in  any  county  from  the  tax  levy  for  general  school  purposes  in  any  years; 
Provided,  This  Section  shall  not  take  effect  until  January  1 ,   1 909. 

Said  county  superintendents  shall  be  entitled  to  office  expenses  cover- 
ing stationery,  postage,  printing,  etc.,  which  for  any  one  year  shall  not 
exceed  four  per  cent  of  their  respective  salaries.  These  expenses  shall 
be  allowed  quarterly  by  the  board  of  county  commissioners,  on  presen- 
tation of  itemized  and  certified  bills. 

The  territorial  superintendent  of  public  instruction  shall  classify  all 
counties  of  the  Territory  on  the  basis  provided  in  this  Section,  on  or 
before  the  first  day  of  January,  1909,  and  each  year  thereafter,  and 
within  ten  days  shall  certify  the  same  to  the  board  of  county  commis- 
sioners of  each  county. 

Sec.  22.  Creation  and  Alteration  of  School  Districts. — Whenever 
it  is  desired  that  a  new  school  district  shall  be  formed,  a  petition  and 
statement  of  facts  signed  by  a  majority  of  legal  electors  residing  within 
the  proposed  district  shall  be  presented  to  the  county  superintendent  of 
schools.  Said  petition  and  statement  shall  contain  ?uch  description  of 
the  boundaries  of  said  proposed  district  as  will  be  sufficient  to  definitely 
locate  it;  it  shall  also  contain  the  names  and  ages  of  all  persons  of  school 
age  who  are  actually  residents  of  the  proposed  district. 

Whenever  a  new  district  has  been  created,  at  the  next  regular  appor- 
tionment, the  county  superintendent  shall  apportion  to  it  its  share  of  the 
school  fund  as  provided  by  law. 

No  school  district  shall  hereafter  be  created  or  divided  unless  there  be 
at  least  twenty-five  (25)  children  of  school  age  in  the  new  district  and 
at  least  twenty-five  (25)  children  of  school  age  remaining  in  the  dis- 
trict or  each  of  the  districts  from  which  such  district  is  taken;  Provided, 


OF    THE    STATE   OF    NEW    MEXICO  67 

hotvever.  That  a  board  of  school  directors  may  maintain  more  than  one 
school  in  its  district  for  the  better  accommodation  of  the  patrons  of  said' 
district. 

Upon  the  receipt  of  such  petition  and  statement  by  the  county  super- 
intendent, he  shall  create  such  new  district,  shall  assign  to  it  a  number 
or  other  proper  designation,  appoint  three  persons  as  a  board  of  direc- 
tors, who  shall  serve  until  the  time  of  the  next  regular  election  for  direc- 
tors, at  which  time  a  board  shall  be  elected  in  accordance  with  the 
provisions  of  Chapter  55,  Laws  of  1901  ;  Provided,  That  the  territory 
of  a  school  district  shall  not  be  so  reduced  as  to  make  its  bonded  in- 
debtedness exceed  four  (4%)  per  cent,  of  its  assessed  valuation. 

After  paying  all  indebtedness  of  the  old  district  that  is  chargeable  to 
the  common  school  fund,  if  any  balance  remains  the  county  superin- 
tendent shall  divide  the  said  balance  between  the  old  district  and-  the 
new  in  proportion  to  the  number  of  children  of  school  age  in  each.  All 
other  resources  such  as  school  houses,  proceeds  from  sale  of  bonds,  also 
all  similar  indebtedness  shall  be  divided  between  the  old  district  emd  the 
new  in  proportion  to  the  taxable  property,  according  to  the  assessed  value 
in  each.  In  making  such  adjustment,  the  superintendent,  in  co-operation 
with  the  board  of  county  commissioners,  of  the  county  in  which  such 
districts  are  situated,  is  hereby  authorized  to  use  such  plans,  or  means, 
as  will  best  subserve  the  mutual  interests  of  the  two  districts  and  their 
decisions  shall  be  final,  subject  to  the  right  of  appeal  to  the  courts. 

The  county  superintendent  shall  consolidate  school  districts  on  the 
presentation  of  separate  petitions  signed  by  the  majority  of  electors 
residing  in  the  re«pective  districts  affected;  he  shall  also  attach  a  terri- 
tory to  a  district  by  change  of  boundary  lines  on  the  presentation  of  sep- 
arate petitions  signed  by  the  majority  of  the  electors  residing  in  the  re- 
spective territories  affected;  which  petitions  shall  be  prepared  and  sub- 
mitted as  hereinbeofre  described. 

Whenever  the  number  of  persons  of  school  age  within  a  school  dis- 
trict has  been  reduced  below  1 5  from  causes  over  which  the  county 
superintendent  does  not  have  control  and  these  conditions  seem  likely  to 
remain  permanent,  said  superintendent  is  empowered  to  disorganize  such 
district  and  attach  the  territory  to  the  school  district  or  districts  adjacent 
thereto.  Provided,  If  said  district  at  the  time  of  disorganization  is  lia- 
ble for  bond  issue  or  interest  thereon,  the  board  of  county  commissioners 
is  hereby  authorized  and  required  to  make  levy  and  order  collections 
thereof  on  the  property  of  said  disorganized  district  for  the  purpose  of 
meeting  the  payment  of  said  bonds  and  interest  in  a  manner  as  provided 
for  such  purpose  in  the  case  of  a  regular  school  district. 

Appeal  may  be  made  from  the  decision  of  the  county  superintendent 


68  COMPILATION    OF    THE    SCHOOL    LAWS  /  " 

concerning  the  organization,  disorganization,  or  change  of  boundary  Hnes 
of  a  school  district,  to  the  board  of  county  commissioners  of  the  county 
in  which  the  school  district  is  located,  and  the  decision  of  said  board 
shall  be  final. 

Sec.  23.  Location  of  School  District — Boundary  Lines.  —  The 
boundary  lines  and  corner  of  all  school  districts  shall  be  accurately  lo- 
cated by  the  county  surveyor  of  each  county  at  the  request  of  the  super- 
intendent, who  shall  prepare  a  map  showing  the  districts  as  contem- 
plated in  Section  1  545,  Compiled  Laws  of  1897.  The  expense  of  such 
proceedings  shall  be  charged  to  the  county  wherein  the  school  district  is 
situated  and  be  allowed  by  the  board  of  county  commissioners  at  the 
discretion  of  said  board  not  to  exceed  fifty  ($50.00)  dollars  a  school 
district. 

Sec.  24.  Statistical  Reports. — The  scholastic  year  for  all  schools 
and  educational  institutions  of  whatever  nature  in  the  Territory  of  New 
Mexico  shall  end  June  fifteenth  of  each  year.  Within  ten  days  after 
such  date,  the  school  directors  of  school  districts,  and  the  secretaries  or 
clerks  of  the  boards  of  education  of  town,  village  and  city  schools, 
located  within  each  county  shall  file  statistical  reports  with  the  county 
superintendent,  containing  such  items  of  information  as  are  required  by 
law.  On  or  before  July  fifteen  of  each  year  the  county  superintendents 
and  the  heads  of  the  various  educational  institutions  shall  make  their 
annual  statistical  reports  to  the  superintendent  of  public  instruction,  and 
thirty  days  thereafter  the  superintendent  of  public  instruction  shall  make 
his  annual  report  to  the  governor  of  the  Territory. 

Sec.  25.  Levy  for  School  Purposes.  (See  Chapter  51,  Laws  of 
1912.) 

Sec.  26.  Teachers'  Wages. — From  and  after  September  1,  1907, 
the  maximum  salary  that  shall  be  paid  to  any  teacher  employed  to  teach 
in  the  public  schools  in  this  Territory  holding  a  certificate  not  higher 
than  a  third  grade  shall  be  fifty  ($50.00)  dollars  per  month;  the 
maximum  salary  that  shall  be  paid  to  a  holder  of  a  certificate  not  higher 
than  a  second  grade  shall  be  seventy-five  ($75.00)  dollars  per  month; 
Provided,  That  permits  shall  in  no  case  be  classed  as  higher  than  a 
third  grade  certificate,  but  if  a  holder  of  a  permit  shall  secure  a  regular 
teachers'  certificate  during  the  term  for  which  he  is  engaged,  the  salary 
for  the  entire  term  may  be  fixed  in  accordance  with  the  grade  of  said 
certificate;  Provided,  further.  That  a  teacher  employed  in  any  of  the 
public  schools  of  this  Territory  shall  be  entitled  to  full  pay  for  a  period 
not  to  exceed  one  month  during  which  the  school  may  be  closed  by  the 
board  of  school  directors,  board  of  education,  or  board  of  health,  on 
account  of  loss  by  fire,  danger  from  contagious  disease,  or  other  similar 


OF   THE   STATE   OF    NEW   MEXICO  69 

cause.  These  provisions  shall  apply  to  the  public  schools  in  cities, 
towns,  and  villages  as  well  as  in  rural  districts.  Any  school  director, 
member  of  board  of  education,  or  any  other  person  violating  the  terms 
of  this  Section  shall,  upon  conviction  in  a  court  of  competent  jurisdic- 
tion, be  fined  in  the  sum  not  less  than  ten  ($10.00)  dollars  nor  more 
than  one  hundred  ($100.00)  dollars,  or  imprisoned  for  a  term  not  less 
than  ten  days  nor  more  than  ninety  days,  and  may  be  removed  from 
office  by  proper  procedure. 

Sec.  27.  Property  Presented  to  Educational  Institutions  or  Com- 
mon Schools. — In  case  any  person  or  persons  shall  will,  bequeath,  or  in 
any  other  way  donate  money  or  other  property  for  the  benefit  of  any 
kind  of  public  educational  institution,  school  district,  or  other  educa- 
tional interest,  it  shall  become  the  duty  of  the  district  court  of  the  dis- 
trict in  which  the  beneficiary  of  such  benefaction  is  located  to  see  to  it 
that  said  benefaction  is  sacredly  conserved  and  administered  in  accord- 
ance with  the  terms  and  wishes  of  the  donor  or  donors;  Provided,  That 
if  said  donor  or  donors  have  not  provided  for  or  named  the  executors  of 
their  wishes,  the  judge  of  said  district  court  shall  appoint  three  proper 
persons,  under  sufficient  bond,  to  administer  the  same. 

Sec.  29.  Tuition. — ^A  board  of  school  directors  or  board  of  edu- 
cation may  admit  non-resident  pupils  to  the  school  or  schools  under  its 
charge,  provided  school  acconmiodations  are  sufficient  to  justify  the 
same,  and  may  determine  the  rate  of  tuition  for  such  pupils  and  collect 
the  same,  which  tuition  shall  not  be  greater  than  twenty  (20%)  per 
cent,  more  than  the  average  cost  per  capita  for  education  based  on  the 
average  number  of  pupils  belonging  to  the  school  throughout  the  previous 
school  term.  When  non-resident  pupils,  their  parents  or  guardians,  pay 
a  school  tax  in  any  district,  such  pupils  shall  be  admitted  to  the  school 
of  such  district,  and  the  amount  of  such  school  tax  shall  be  credited  on 
their  tuition  in  a  sum  not  to  exceed  the  amount  of  such  tuition,  and  they 
shall  be  required  to  pay  tuition  only  for  the  difference  therein. 

Sec.  30.  Laws  Repealed. — The  following  Sections  of  the  Revised 
Statutes  of  New  Mexico  of  1897  are  hereby  repealed:  1514,  1515, 
1520,  1526,  1559,  1593,  1594,  1595,  1596,  1612,  1613,  1614. 
1615,  1616,  1625,  3659,  1537,  1534,  1544,  1558,  1516,  1518. 
1519,  1521,  1522,  1523,  1527,  1598,  1599.  1531,  1554.  1524. 
1525,  1543,   1546. 

That  portion  of  Section  1535  of  Compiled  Laws  of  1897  from  the 
beginning  to  and  including  the  word  "p^^ovided"  in  the  sixteenth  (16) 
line,  and  the  clause  beginning  **and  they  shall'*  in  line  twenty-two  (22) 
to  and  including  "Section  one  thousand  five  hundred  and  forty-three*' 
in  the  line  twenty-six  (26)  ;  and  Sections  1 ,  2,  4,  and  6,  Chapter  27. 


70  COMPILATION    OF    THE    SCHOOL    LAWS 

session  laws  of  1901,  are  hereby  repealed.  Section  3  of  Chapter  2  7 
Session  Laws  of  1901  is  also  amended  by  taking  out  the  words  "or 
towns"  in  the  fourth  (4)  line  and  substituting  "ten  (10)  mills"  for 
"seven  and  one-half  (lYz)  mills"  in  the  ninth  (9)  line  thereof.  Sec- 
tion 4,  Chapter  98,  Session  Laws  of  1901  is  hereby  repealed. 

Session  laws  of  1903,  Chapter  23,  an  act  providing  for  the  writing 
and  publishing  of  the  history  of  New  Mexico;  Sections  1,  3,  4,  5,  and 
14,  Chapter  1  19,  "An  Act  to  harmonize  and  strengthen  the  existing 
school  laws  and  for  other  purposes"  and  Chapter  1 20,  "An  Act  to 
regulate  county  institutes"   are  hereby  repealed. 

Section  1  8,  Chapter  80,  Session  Laws  of  1  899 ;  Section  1 ,  Chapter 
21,  and  Section  12,  Chapter  90,  Session  Laws  of  1901  ;  Section  10, 
Chapter  108,  and  Section  1,  Chapter  74,  Chapter  23,  Chapter  100, 
Laws  of  1903;  Section  4,  Chapter  48,  Section  5,  Chapter  60,.  Laws 
of  1 905  are  hereby  repealed. 

Section  1532  (as  amended),  of  the  Revised  Statutes  1897  is  hereby 
amended  by  substituting  "March"  for  "May"  in  line  twelve,  "April" 
for  "June,"  in  line  fourteen,  "April"  for  "June"  in  line  twenty,  "May  ' 
for  "July"  in  line  twenty-four,  and  "May"  for  "July"  in  line  twenty- 
six. 

Section  2,  Chapter  55,  Laws  of  1901,  is  hereby  amended  by  msert- 
ing  the  expression,  "except  in  case  of  election  to  fill  vacancy  for  unex- 
pired term,"  after  the  word  "for"  in  line  two,  and  by  substituting 
"May"  for  "July"  in  Hne  four:  Provided,  however.  That  the  term  of 
office  of  school  director  elected  for  1907  under  the  provisions  of  these 
amended  acts  shall  begin  on  the  first  Monday  in  July,  1907,  and  end 
on  the  first  Monday  in  May,  1 908. 

Chapter  73,  "An  Act  to  authorize  the  territorial  board  of  education 
to  issue  certificates  to  normal  institute  conductors,  to  harmonize  the 
school  laws  of  1905,  and  for  other  purposes"  is  hereby  repealed. 

Sec.  3 1 .  Immediate  Effect. — All  acts  and  parts  of  acts  in  conflict 
with  this  act  are  hereby  repealed,  and  this  act  shall  be  in  effect  from 
and  after  its  passage. 


Extracts  from  Laws  of  1909 


CHAPTER  XII. 

Be  it  Enacted  b^  the  Legislative  Assembly  of  the   Territory  of  New 

Mexico : 

Section  1 .  That  the  act  of  the  Legislative  Assembly  of  the  Ter- 
ritory of  New  Mexico,  approved  February  18,  1882,  entitled  "An  Act 
to  make  the  town  of  Silver  City  an  independent  school  district,  and  to 
provide  for  the  regulation  and  support  of  such  school  district"  be  and 
the  same  is  hereby  repealed. 

Sec.  2.  That  all  territory  embraced  within  the  corporate  limits  of 
the  town  of  Silver  City  in  the  County  of.  Grant,  shall  hereafter  be  sub- 
jected to  the  general  laws  of  the  Territory  of  New  Mexico  with  ref- 
erence to  boards  of  education  in  town,  being  Sections  1  5  63  to  1  60 1  of 
the  Compiled  Laws  of  the  year  1897,  and  other  general  laws  with  ref- 
erence to  boards  of  education  of  towns. 

Sec.  3.  That  the  board  of  trustees  of  said  independent  school 
district  shall  until  the  next  town  election  for  the  town  of  Silver  City  be 
and  constitute  the  board  of  education  of  the  town  of  Silver  City  of  the 
Territory  of  New  Mexico,  and  shall  have  all  powers  and  be  subject  to 
all  liabilities  of  such  board  of  education  as  constituted  by  such  general 
public  laws  relating  to  incorporated  towns. 

Sec.  4.  At  the  next  election  for  the  town  of  Silver  City,  there 
shall  be  elected  a  board  of  education  for  said  town,  consisting  of  three 
members,  who  shall  hold  their  offices  until  their  successors  shall  be 
elected  and  qualified  under  the  general  school  law. 

Sec.  5.  That  the  board  of  trustees  of  said  independent  school 
district  shall  and  it  is  hereby  authorized  and  required  to  at  once  turn 
over,  transfer  and  convey  to  the  board  of  education  of  the  town  of  Sil- 
ver City  of  the  Territory  of  New  Mexico,  all  property  and  funds  of 
said  independent  school  district  in  their  hands  or  in  their  custody  or 
control,  and  the  same  shall  become  the  property  of  said  board  of  edu- 
cation of  the  town  of  Silver  City  of  the  Territory  of  New  Mexico. 

Sec.  6.  That  the  treasurer  of  the  County  of  Grant,  be  and  he  is 
hereby  authorized  and  directed  to  turn  over  to  the  treasurer  of  the  town 
of  Silver  City  as  ex-officio  treasurer  of  the  board  of  education  of  the 
town  of  Silver  City  of  the  Territory  of  New  Mexico,  all  money  now 
in  his  hands,  or  which  may  hereafter  come  to  his  hands,  levied  or  as- 
sessed, for  the  benefit  of  the  said  independent  school  district,  after  such 


72  COMPILATION    OF    THE    SCHOOL    LAWS 

treasurer  has  executed   a  bond   as  provided  by  Section    1571    of   the 
Compiled  Laws  of  the  Territory  of  New  Mexico  for  1897. 

Sec.    7.      This  act  shall  be  in  full  force  and  effect  from  and  after 
its  passage. 


CHAPTER  XXXVI. 

An  Act  Providing  for  the  Removal  of  Officers  Who  Fail  to  Comply 
rvith  Their  Duties. 


CHAPTER  XLIII. 
Be  it  Enacted  t\j  the  Legislative  Assembly  of  the   Territory  of  New 

Mexico : 

Section  1 .  The  annual  compensation  of  County  School  Superin- 
tendents provided  for  in  Section  21  of  Chapter  97  of  the  Acts  of  the 
37th  Legislative  Assembly  may  be  paid  out  of  the  general  county  school 
fund  quarterly  upon  warrants  issued  by  the  Board  of  County  Commis- 
sioners as  other  salaries  are  paid,  or  said  salary  may  in  the  discretion  of 
the  Board  of  Commissioners  be  paid  out  of  the  general  county  fund. 

Sec.  2.  All  moneys  paid  during  the  year  1  909  to  county  superin- 
tendents out  of  the  general  county  fund  may  be  returned  to  such  fund 
from  the  general  county  school  fund. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  approval,  and  all  acts  and  parts  of  acts  in  conflict  here- 
with are  hereby  repealed. 


CHAPTER  XLVIIL 

Be  it  Enacted  by  the  Legislative  Assembly  of  the   Territory  of  New 

Mexico : 

Sec.  1 .  That  the  indebtedness  of  School  District  No.  8,  County 
of  Guadalupe,  Territory  of  New  Mexico,  in  the  sum  of  seven  hundred 
dollars  ($700.00)  due  to  the  First  National  Bank  of  Santa  Rosa,  New 
Mexico,  is  hereby  validated  and  made  binding  upon  said  school  dis- 
trict. 

Sec.  2.  That  for  the  payment  of  the  indebtedness  mentioned  in 
Section  1 ,  of  this  act,  the  Board  of  School  Directors  of  School  District 
No.  8,  Guadalupe  county,  are  hereby  authorized  and  directed  to  make 
and  issue  its  bonds  in  the  sum  of  one  hundred  dollars  each,  or  any  mul- 
tiple thereof  in  the  aggregate  sum  of  seven  hundred  dollars  ($700.00), 
to  be  dated  July  1 ,  1 909,  bearing  interest  at  the  rate  of  five  per  centum, 
payable  semi-annually,  until  paid,  and  payable  twenty  years  after  date. 


OF    THE   STATE   OF    NEW    MEXICO  73 

and  to  deliver  said  bonds  to  the  treasurer  of  the  said  County  of  Guada- 
lupe; and  the  said  treasurer  upon  receipt  of  said  bonds  shall  sell  the 
same  to  the  highest  and  best  bidder  for  cash,  and  at  not  less  than  par, 
and  the  proceeds  from  said  sale  shall  be  deposited  by  said  treasurer  as  a 
special  deposit  subject  to  the  warrants  to  be  drawn  as  herein  specified  by 
said  Board  of  School  Directors,  and  said  treasurer  shall  notify  said 
board  of  said  sale. 

Sec.  3.  That  said  Board  of  School  Directors  of  said  School  Dis- 
trict No.  8,  upon  being  informed  of  the  sale  of  said  bonds,  by  the 
treasurer,  shall  make  out  their  warrants  in  favor  of  the  parties  named  in 
Section  1  of  this  act,  for  the  amount  due  them,  which  warrants  shall 
be  paid  by  the  treasurer  of  said  county  out  of  the  proceeds  derived  from 
the  sale  of  said  bonds. 

Sec,  4.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed  and  this  act  shall  take  effect  and  be  in  full  force  from  and  after 
its  passage. 


CHAPTER  CXIX. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the   Territory  of  New 

Mexico : 

Section  I .  That  the  terms  and  conditions  of  the  acts  of  Congress 
providing  for  the  distribution  among  the  states  and  territories  of  the 
United  States  of  a  portion  of  the  revenues  derived  from  forest  reserves 
be,  and  the  same  are  hereby  accepted. 

Sec.  2.  Immediately  after  the  passage  and  approval  of  this  act, 
the  treasurer  of  the  Territory  of  New  Mexico  shall  transmit  to  the  treas- 
urers of  the  various  counties  in  which  forest  reserves  are  situated,  the 
proportion  of  money  in  his  hands  from  the  source  herein  mentioned 
which  shall  be  due  such  county,  such  proportion  to  be  based  upon  the 
number  of  acres  of  forest  reserves  in  such  county. 

Sec.  3.  That  such  moneys  shall  be  applied  in  the  different  coun- 
ties to  which  the  same  is  transmitted,  one-half  thereof  to  the  credit  of 
the  General  County  School  Fund  and  one-half  to  the  credit  of  the 
County  Road  Fund:  Provided,  That  in  the  Counties  of  Socorro  and 
Grant  one-half  of  such  moneys  apportioned  to  said  counties,  shall  be 
credited  to  the  Territorial  Road  Fund  instead  of  the  County  Road 
Fund,  and  shall  be  expended  under  the  supervision  of  the  Territorial 
Road  Commission  upon  roads  within  such  counties  to  which  such  funds 
may   be    apportioned. 

Provided,  further.  That  the  County  Commissioners  of  any  county 
desiring  to  co-operate  with  said  Territorial  Commission  in  the  building 


74  COMPILATION    OF    THE    SCHOOL    LAWS 

of  any  public  road  may  cause  a  special  levy  of  five  mills  upon  each 
dollar  of  taxable  property  the  proceeds  of  which  may  be  made  avail- 
able, subject  to  the  expenditure  under  direction  of  said  Territorial  Road 
Commission. 

Sec.  4.  No  officer  shall  receive  any  compensation  for  the  receipt, 
handling  or  disbursement  of  said  funds,  and  any  officer  who  shall  ap- 
ply said  funds  to  any  other  purpose  than  the  purpose  mentioned  herein 
and  in  the  acts  of  Congress  referred  to,  shall  forfeit  treble  the  amount 
so  misapplied  and  shall  be  immediately  removed  from  office. 

Sec.  5,  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


CHAPTER  CXXI. 
Be  it  Enacted  b^  the  Legislative  Assembly)  of  the   Territory  of  Nen? 

Mexico : 

Section  1.  Section  1555  of  the  Compiled  Laws  of  1897,  as 
amended  by  Chapter  39  of  the  Laws  of  1903,  is  further  amended  by 
adding  at  the  end  thereof:  Provided,  That  the  private  or  denomina- 
tional school  shall  be  equal  in  its  teaching  to  the  public  school  of  the 
district;  and  Provided,  further.  That  this  section  shall  not  apply  to 
children  who  live  more  than  three  miles  from  a  public  school. 

Said  Section  1555  is  hereby  further  amended  by  substituting  for  "at 
least  three  months  in  each  year,"  in  line  seven  of  said  section,  the  words, 
''during  the  entire  time  such  school  is  in  session  in  each  scholastic  year 
in  their  respective  school  communities." 

Sec.  2.  Section  2  of  Chapter  28  of  the  Laws  of  1 903  is  hereby 
amended  so  that  the  first  Hne  will  read:  "The  compilation,  printing  and 
distribution   of   the   pamphlets." 

Sec.  3.  Section  3  of  Chapter  48  of  the  Laws  of  1905,  is  here- 
by amended  by  substituting  "Lincoln  Day"  for  "Flag  Day,"  in  line  3. 

Sec.  4.  The  first  sentence  of  Section  I  of  Chapter  97  of  the 
Laws  of  1907,  entitled  'An  Act  to  Revise  arid  Systematize  the  School 
Laws  of  the  Territory  of  New  Mexico  and  for  Other  Purposes,'  is 
hereby  amended  so  as  to  read   as   follows: 

"Organization  and  Compensation. — There  shall  be  a  Territorial 
Board  of  Education  which  shall  consist  of  nine  members:  The  Gov- 
ernor, the  Superintendent  of  Public  Instruction,  and  seven  members  to 
be  appointed  by  the  Governor  for  the  term  of  five  years  each;  five  of 
said  seven  appointed  members  to  be  selected  from  among  the  heads  of 
the  Territorial  educational  institutions,  the  president  of  St.  Michael's 
College   at  Santa   Fe,   and  the  superintendents  of  schools  in   the   four 


OF   THE   STATE   OF    NEW    MEXICO  75 

cities  of  the  Territory  ranking  highest  in  population  at  the  time  of  the 
appointment;  and  two  of  said  seven  to  be  citizens  interested  in  public 
education  who  are  not  professional  teachers,  at  least  one  of  whom  shall 
be  at  the  time  of  his  appointment  a  county  superintendent  of  schools, 
these  latter  two  to  be  appointed  during  March,   1909." 

Sec.  5.  Section  6  of  said  Chapter  97  of  the  Laws  of  1907  is 
hereby  amended  as  follows: 

In  line  fifteen  (15)  after  the  word  "attend"  insert  "at  least  two 
weeks  of,"  and  in  line  eighteen  (18)  just  after  word  "year"  insert 
"teachers  who  hold  a  third  grade  county  certificate  or  a  permit  to  teach, 
and  who  have  taught  at  least  three  months  of  school  during  the  twelve 
months  previous  to  the  time  of  holding  any  county  institute,  may,  upon 
attendance  upon  a  county  institute  for  a  full  term  of  four  weeks  receive 
the  sum  of  fifteen  dollars  ($15)  from  the  treasurer  of  the  Territory, 
upon  the  order  of  the  Territorial  Auditor  of  the  funds  arising  from  the 
rental  or  sale  of  the  common  school  lands  of  the  Territory,  upon  pre- 
senting to  the  Territorial  Auditor  a  certificate  from  the  county  school 
superintendent  of  the  county  in  which  the  institute  is  held,  and  signed 
by  the  institute  conductor  and  the  Territorial  Superintendent  of  Public 
Instruction,  certifying  that  said  teacher  had  complied  with  the  provisions 
of  this  act;  and  such  teachers  are  also  exempt  from  the  institute  fees 
otherwise  required."  And,  in  Hne  fifty-three  (53)  after  the  word 
"purpose"  insert  ''Provided,  That  in  counties  where  an  institute  is  held 
for  a  fiill  term  of  four  weeks  the  county  treasurer  shall  set  aside  at 
least  fifty  dollars  ($50.00)  more  than  that  already  provided  for  insti- 
tute purposes."  Said  section  is  further  amended  by  adding  at  the  close 
of  said  section  the  following:  "But  the  legitimate  expenses  incidental  to 
conducting  examinations  ordered  by  the  Territorial  Board  of  Educa- 
tion shall  be  considered  as  expenses  incurred  in  connection  with  the 
teachers'  institute:  Provided,  That  the  Territorial  Board  of  Education 
shall  have  the  power  to  waive  the  holding  of  any  county  normal  insti- 
tute in  counties  where  authorized  summer  schools  are  held  and  in  coun- 
ties adjacent  thereto." 

Sec.  6.  Section  1  1  of  said  Chapter  97  of  the  Laws  of  1907,  is 
hereby  amended  by  adding  the  following  paragraphs:  "The  superin- 
tendent of  public  instruction  shall  at  the  request  of  any  county  school 
superintendent  or  other  school  officer,  give  his  opinion  UDon  a  written 
statement  of  the  facts  on  any  question  or  controversy  arising  out  of  the 
interpretation  and  constructicn  of  school  laws  and  shall  keep  a  record  of 
all  such  decisions. 

Upon  giving  such  opinion  the  superintendent  may  submit  the  state- 
ment of  facts  to  the  attorney  general  for  his  advice  thereon.     It  shall  be 


76  COMPILATION    OF    THE    SCHOOL    LAWS 

the  duty  of  the  attorney  general  forthwith,  to  examine  such  statements 
and  suggest  the  proper  decision  to  be  made  upon  such  facts." 

Sec.  7.  Section  13  of  Chapter  97  of  the  Laws  of  1907,  is  hereby 
amended  by  substituting  "Lincoln  Day"  for  "Flag  Day"  in  line  one 
and  line  fourteen. 

Sec.  8.  Section  20  of  Chapter  97  of  the  Laws  of  1907,  is  hereby 
amended  by  adding  at  the  close  of  the  section:  Provided,  That  the 
county  school  superintendent  is  hereby  authorized  to  leave  in  the  county 
school  fund  a  sufficient  amount  to  meet  such  warrants  as  may  be  legally 
drawn  against  this  fund  as  elsewhere  provided  by  law." 

Sec.  9.  Section  21  of  Chapter  97  of  the  Laws  of  1907,  is  hereby 
amended  by  striking  out  the  words  "county  treasury"  in  Hne  four  and 
inserting  the  words  "general  school  fund  of  the  county"  and  by  inserting 
in  line  twenty  (20)  after  the  expression  "in  counties  of  forty-three  (43) 
rooms  or  more  as  aforesaid"  the  following:  "and  in  all  counties  of  the 
first  class,  as  determined  by  the  latest  report  of  the  Territorial  traveling 
auditor." 

Sec.  1 0.  Section  26  of  Chapter  97  of  the  Laws  of  1 907  is  hereby 
amended  by  striking  out  all  from  the  word  "and"  in  line  eighteen  to 
"contract"  in  line  twenty-four,  inclusive. 

Sec.  11.  Section  18,  Chapter  97,  Laws  of  1907,  is  hereby 
amended  by  substituting  "Territorial  Board  of  Education"  for  the 
the  words  "board  of  examiners  of  each  county"  in  line  fourteen  thereof. 

Sec.  12.  Any  member  of  the  Board  of  Education,  county  school 
superintendent,  or  other  school  officer  who  may  violate  the  provisions  of 
this  act  or  other  acts  concerning  their  powers  and  duties  in  connection 
with  school  matters  or  who  shall  not  faithfully  perform  all  such  duties 
imposed  under  and  by  virtue  of  the  law  shall,  on  conviction  thereof,  be 
fined  in  a  sum  not  less  than  twenty-five  dollars  ($25.00)  nor  exceeding 
five  hundred  dollars   ($500.00). 

Sec.  1  3.  All  acts  and  parts  of  acts  in  conflict  with  this  act  or  any 
part  of  this  act  are  hereby  repealed  and  this  act  shall  be  in  full  force 
and  effect  immediately  upon  its  passage. 


Extracts  from  the  Laws  of  1912 


CHAPTER  LXXXII.  , 

Sec.    1. — State  Land  Office  Created.  ' 

That  a  State  Land  Office  is  hereby  created,  the  executive  officer  of 
which  shall  be  the  Commissioner  of  Public  Lands,  hereinafter  called  the 
Commissioner,  who  shall  have  jurisdiction  over  all  lands  now  owned  or 
hereafter  acquired  by  the  state,  except  as  may  be  otherwise  specifically 
provided  by  law,  and  shall  have  the  management,  care,  custody,  control 
and  disposition  thereof  in  accordance  with  the  provisions  of  this  act  and 
the  law  or  laws  under  which  such  lands  have  been  or  may  be  acquired. 

Sec.  2. — Commissioner,  General  Duties. 

The  Commissioner  shall  have  a  seal  with  an  appropriate  device 
thereon;  and  such  seal  affixed  to  any  contract  deed,  lease  or  other  in- 
strument executed  by  the  Commissioner  shall  be  prima  facie  evidence  of 
the  due  execution  thereof.  Said  Commissioner  shall  receive  and  pass 
upon  all  applications  for  leasing  or  purchasing  state  lands  and  timber; 
and  shall  execute  and  authenticate  for  the  state  all  deeds,  leases,  con- 
tracts or  other  instruments  affecting  such  lands.  All  such  leases,  deeds, 
contracts  and  grants  heretofore  or  hereafter  executed  shall  be  entitled  to 
record  without  acknowledgment,  and  record  thereof  in  the  county  in 
which  the  land  described  therein  is  situate  shall  be  constructive  notice  to 
all  persons  of  the  contents  thereof.  Said  Commissioner  shall  have  power 
to  provide  all  necessary  books,  blanks,  records,  property,  equipment  and 
appurtenances  of  every  kind  whatsoever  for  the  proper  management  of 
said  State  Land  Office  and  the  lands  under  his  control;  to  deed  by 
quit-claim  or  otherwise  to  the  United  States  any  or  all  claims  that  the 
state  may  have  in  and  to  lands  within  any  private  land  grant  or  reserva- 
tion made  or  confirmed  in  pursuance  of  authority  of  Congress,  or  to  such 
of  its  lands  as  may  be  needed  by  the  United  States  or  for  reclamation 
of  water  power  sites  for  the  purpose  of  selecting  indemnity  lands  there- 
for; also  to  such  of  its  lands  as  may  be  desired  by  the  United  States 
for  agricultural  experiment  purposes;  to  collect  all  monies  due  to  the 
state  for  the  lease,  purchase  or  use  of  state  lands;  to  receive  all  monies 
due  the  state  derived  from  any  state  lands  and  credit  said  monies  so 
received  to  the  separate  funds  created  for  the  respective  purposes  named 
in  grants  by  Congress,  or  otherwise,  and  he  shall  pay  over  to  the  State 


78  COMPILATION    OF    THE    SCHOOL    LAWS 

Treasurer,  on  or  before  the  tenth  day  of  the  next  succeeding  month,  all 
such  monies  received  during  each  month  to  be  credited  to  the  several 
funds  respectively  entitled  thereto.  He  shall  keep  a  full  and  complete 
record  of  all  his  official  acts  and  shall  submit  to  the  Governor  each 
year  a  report  bearing  date  the  first  day  of  December,  and  at  any  other 
time  on  request,  which  shall  contain  a  statement  of  the  business  and 
expenses  of  said  State  Land  Office  and  the  amount  of  monies  received 
and  turned  over  by  him  to  the  State  Treasurer  for  each  fund,  together 
with  such  recommendations  as  he  may  deem  proper  for  the  better  man- 
agement and  control  of  state  lands.  He  shall  cause  to  be  printed  bien- 
nially, for  the  use  and  information  of  the  legislature,  the  annual  reports 
thus  made  to  the  Governor  for  the  two  years  preceding  each  regular 
session  thereof,  and  he  shall  charge  the  cost  of  such  printing  to  the  State 
Lands  Maintenance  Fund  hereinafter  created.  He  shall  make  rules 
and  regulations  for  the  control,  management,  disposition,  lease  and  sale 
of  state  lands  and  perform  such  other  duties  as  may  be  prescribed  by 
law. 

(For    full    information,    laws,    rules,    etc.,    concerning   public   school 
lands,  address  the  Commissioner  of  Public  Lands,  Santa  Fe,  N.   M.) 


Note. — The  following  extracts  are  taken  from  the  constitution: 
.    The  Commissioner  of  Public  Lands  is  an  Executive  Officer  elected 
for  a  term  of  four  years  and  is  eligible  to  succeed  himself.      (Art.  V, 
Sec.    1.) 

Commissioner,  Controls  State  Lands. 

The  Commission  of  Public  Lands  shall  elect,  locate,  classify  and 
have  the  direction,  control,  care  and  disposition  of  all  public  lands,  un- 
der the  provisions  of  the  Acts  of  Congress  relating  thereto  and  such 
regulations   as   may   be   provided   by   law.       (Constitution,   Art.    XIII, 

Sec.   2.)  

CHAPTER  X. 

Columbus  Day. 
Section    1 .      That  to  commemorate  the   discovery  of  America  by 
Christopher  Columbus,  the  twelfth  day  of  October  shall  hereafter  be  a 
legal  hoHday,  and  shall  be  known  as  Cclumbus  Day. 


CHAPTER  XIII. 

An  Act  to  Enable  School  Districts  to  Borrow  Money  for  the  Purpose 
of  Erecting  and  Furnishing  School  Buildings  and  Purchasing  School 
Grounds.,    House  Bill  No.  123  Approved  May  29,  1912. 

Section  I .  That  every  school  district,  whether  organized  under 
the  name  of  "school  district'.'  or  under  the  name  of  "board  of  educa- 


OF    THE   STATE    OF    NEW    MEXICO  79 

tion,"  shall  have  power  and  authority  to  borrow  money  for  the  purpose 
of  erecting  and  furnishing  school  buildings  and  purchasing  school 
grounds,  but  such  power  or  authority  shall  exist  only  when  the  proposi- 
tion to  create  the  debt  shall  have  been  submitted  to  the  qualified  electors 
of  the  district,  and  approved  by  a  majority  of  those  voting  thereon.  No 
such  school  district  shall  ever  become  indebted  in  an  amount,  including 
existing  indebtedness,  exceeding  six  per  centum  on  the  assessed  valuation 
of  the  taxable  property  within  the  district  as  shown  by  the  preceding 
general  assessment. 

Sec.  2.  All  laws  relating  to  issuing  and  payment  of  bonds,  interest 
thereon,  and  elections  to  authorize  the  same,  shall  be  and  remain  in 
force  as  though  this  act  had  not  been  passed,  except  the  provisions  of 
said  laws  which  are  in  conflict  with  the  provisions  of  this  act. 


CHAPTER  XXIX. 

An  Act  to  Provide  for  the  Study  of  the  Nature  of  Alcoholic  Drinks 
and  Narcotics  and  of  Their  Effects  Upon  the  Human  System.  .  Senate 
Substitute  for. Senate  Bill  No.  41  Approved  June  8,   1912. 
Be  It  Enacted  by  the  Legislature  of  the  State  of  Neiv  Mexico: 

Section  1 .  That  the  nature  of  alcoholic  drinks  and  narcotics, 
and  special  instruction  as  to  their  effects  upon  the  human  system,  in  con- 
nection with  the  several  divisions  of  the  subjects  of  physiology  and  hy- 
giene, shall  be  included  in  the  branches  of  study  taught  in  the  public 
schools,  and  shall  be  studied  and  taught  as  thoroughly  and  in  the  same 
manner  as  other  like  required  branches  are  in  said  schools,  by  the  use 
of  text  books  in  the  hands  of  pupils  where  other  branches  are  thus 
studied  in  said  schools,  and  by  all  the  pupils  in  all  said  schools  through- 
out the  state. 

Sec.  2.  Adequate  time  and  attention  shall  be  given  to  instruction 
in  this  branch  of  study  in  the  state  educational  institutions,  in  the  New 
Mexico  Reform  School  at  Springer  and  in  all  teachers'  institutes,  and 
competent  lecturers  on  this  subject  shall  be  secured  for  teachers'  institutes. 

Sec.  3.  That  it  shall  be  the  duty  of  the  proper  officers  in  control 
of  any  school  or  institution  described  in  the  foregoing  sections  to  enforce 
the  provisions  of  this  act;  and  any  such  officer,  school  director,  superin- 
tendent, or  teacher,  who  shall  refuse  or  neglect  or  fail  to  make  proper 
provisions  for  the  instruction  required  and  in  the  manner  specified  by  this 
act,  for  all  the  pupils  in  each  and  every  school  or  institution  under  his 
jurisdiction,  shall  be  removed  from  office,  and  the  vacancy  filled  as  in 
other  cases. 

Sec.   4.      That  no  certificate  shall  be  granted  to  any  person  to  teach 


80  COMPILATION    OF    THE    SCHOOL    LAWS 

in  the  public  schools  who  has  not  passed  a  satisfactory  examination  to 
enable  him  to  properly  teach  the  branches  of  study  provided  for  in- 
this  act. 

Sec.  5.  All  Acts  and  parts  of  Acts  in  conflict  herewith  are  hereby 
repealed.  

CHAPTER  XXXVII. 

An  Act  to  Fix  the  Term  of  Office  of  the  Members  of  the  State  Board 
of  Education  Other  Than  the  Governor  and  Superintendent  of  Public 
Instruction.     Senate  Bill  No.   188  Approved  June  8,   1912. 
Be  It  Enacted  b])  the  Legislature  of  the  State  of  Neiv  Mexico: 

Section  I.  That  the  term  of  office  of  the  members  of  the  State 
Board  of  Education,  required  to  be  appointed  by  the  Governor,  shall 
be  four  years,  and  until  their  successors  qualify  except  that  the  term  of 
such  members  first  appointed  shall  expire  on  the  second  Monday  in  Janu- 
ary after  the  next  general  el'iction. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 


CHAPTER  XLI. 

An  Act  to  Encourage  the  Instruction  in  the  History  and  Civics  of  the 
United  States  rvith  Special  Reference  to  the  History  and  Civics  of  the 
State  of  New  Mexico.     Senate  Bill  No.    169,   (as  amended).      Ap- 
proved June  8,   1912. 
Be  It  Enacted  by  the  Legislature  of  the  State  of  New  Mexico: 

Section  1 .  That  hereafter  no  teacher  of  the  first  and  second 
grades  shall  be  granted  a  certificate  to  teach,  by  the  Board  of  Education 
of  the  State  of  New  Mexico,  unless  said  teacher  shall  have  passed  a 
satisfactory  examination  in  the  History  and  Civics  of  the  United  States, 
as  well  as  the  History  and  Civics  of  the  State  of  New  Mexico. 

Sec.  2.  It  shall  be  the  duty  of  the  teachers  in  the  public  schools 
in  the  State  to  give  such  instruction  as  is  practicable  in  the  History  and 
Civics  of  the  United  States  with  special  reference  to  the  History  and 
Civics  of  the  State  of  New  Mexico,  which  said  instruction  may  be  given 
orally  or  by  study  of  text  books  covering  the  subject  and  which  said 
text  books  shall  have  been  adopted  by  the  State  Board  of  Education. 

Sec.  3.  The  said  History  and  Civics  of  the  State  of  New  Mexico 
shall  be  prepared  by  a  known  historian  of  the  State  and  shall  be  sold 
at  a  price  to  be  fixed  by  the  State  Board  of  Education  not  to  exceed  one 
dollar  per  volume. 

Sec.  4.  This  act  shall  be  in  full  force  and  effect  from  and  after 
the  time  prescribed  by  the  Constitution  of  New  Mexico. 


.j^  OF   THE   STATE   OF    NEW   MEXICO  81 

CHAPTER  XLIII. 

An  Act  Providing  for  the  Time  of  Election,  and  Fixing  the  Number 
of  Members  of  the  Board  of  Education  in  Incorporated  Cities.  Senate 
Substitute  for  Senate  Bill  No.  49,  Approved  June  8,   1912.  . 

Be  It  Enacted  by  the  Legislature  of  the  State  of  New  Mexico: 

Section  1 .  That  the  board  of  education  in  each  incorporated  city 
shall  consist  of  five  members,  who  shall  have  the  qualifications  provided 
by  law  for  members  of  boards  of  education  in  such  cities,  and  who  shall 
be  elected  at  large  from  such  city,  except  as  hereinafter  provided. 

Sec.  2.  The  qualified  electors  of  such  city  and  of  the  territory  out- 
side of  said  city  attached  thereto  for  school  purposes,  shall,  on  the  first 
Tuesday  of  April,  in  the  year  1913,  elect  five  members  of  the  board  of 
education,  two  of  whom  shall  hold  this  office  for  a  term  of  two  years 
and  three  of  whom  shall  hold  their  office  for  a  term  of  four  years,  and 
thereafter  a  regular  election  of  members  succeeding  those  whose  terms 
expire,  shall  be  held  on  the  first  Tuesday  of  April  of  each  odd  num- 
bered year. 

Sec.  3.  The  election  herein  provided  for  shall  be  held,  the  returns 
thereof  made  and  canvassed,  and  the  certificates  of  election  issued  in 
accordance  with  the  laws  applicable  to  elections  of  officers  of  incor- 
porated cities,   except  that  no  resignation  shall  be  required. 

Sec.   4.      All  acts  and  parts  of  acts  m  conflict  herewith  are  hereby 

repealed.  

CHAPTER  LI. 

An  Act  Regarding  the  Revenues  for  the  Public  Schools,  and  Rc^ 
pealing  Section  25  of  Chapter  97,  LaTvs  of  1907.  Senate  Bill  No. 
172,  (as  amended).  Approved  June  8,   1912. 

Be  It  Enacted  tp  the  Legislature  of  the  State  of  New  Mexico: 

Section  I .  That  the  Board  of  County  Commissioners  of  each 
county  shall  annually  levy  and  collect  a  tax  of  one-half  of  one  mill  on 
the  dollar  upon  all  the  taxable  property  in  the  county  for  the  mainte- 
nance of  the  public  schools,  the  proceeds  whereof  shall  be  paid  over  to 
the  state  treasurer  as  are  other  state  taxes  and  shall  be  added  to  the 
current  school  fund. 

Sec.  2.  That  on  the  first  Monday  of  March,  June,  September  and 
December  in  each  year,  the  State  Treasurer  shall  credit  one-half  of  the 
current  school  fund  to  a  separate  fund  to  be  known  as  the  reserve  fund 
which  shall  be  used  for  the  maintaining  of  a  school  for  the  full  period 
of  five  months.  The  treasurer  shall  make  a  complete  statement  of  all 
the  monies  in  said  current  school  and  reserve  funds  and  certify  the  same 
to  the  Superintendent  of  Public  Instruction. 


82  COMPILATION    OF    THE    SCHOOL    LAWS 

Sec.  3.  Within  twenty  days  thereafter,  the  said  Superintendent 
shall  make  an  apportionment  of  the  money  in  the  said  current  school 
fund  among  the  several  counties  pro  rata  according  to  the  enumeration 
of  children  of  school  age  in  each  county,  as  shown  by  the  latest  returns 
from  the  county  superintendent  of  schools  and  shall  certify  the  appor- 
tionment for  each  county  to  the  state  treasurer  and  auditor  and  to  the 
treasurer  and  superintendent  of  schools  in  each  county,  and  the  said 
auditor  shall  draw  his  warrant  on  the  state  treasurer  in  favor  of  the 
proper  county  treasurer  for  the  amount  apportioned  to  his  county,  and 
said  money  shall  become  a  part  of  the  general  county  school  fund,  and 
shall  be  apportioned  as  other  monies  in  said  fund. 

Sec.  4.  That  the  reserve  fund  described  in  Section  2  of  this  Act 
shall  be  distributed  among  school  districts  in  which  the  income  from  the 
annual  special  school  tax  of  fifteen  mills  plus  the  regular  apportionment 
from  the  county  general  school  fund  shall  not  be  sufficient  for  the  main- 
taining of  school  for  the  full  period  of  five  months,  and  the  reserve  fund 
shall  be  so  distributed  among  such  districts  as  to  enable  each  district  lo 
hold  school  for  the  said  period.  That  for  the  purpose  of  this  act  the 
words,  "district  or  school  district"  shall  include  cities,  towns,  and  vil- 
lages, and  districts  outside  of  such  municipalities. 

Sec.  5.  Whenever  the  income  of  a  school  district  as  hereinbefore 
set  forth  is  not  sufficient  for  the  maintaining  of  a  school  for  the  full  term 
of  five  months,  the  county  superintendent  of  schools  of  the  county,  in 
which  such  district  is  situated,  shall  furnish  the  state  superintendent  with 
evidence  satisfactory  to  him  of  the  existence  of  such  fact.  Upon  being 
satisfied  thereof  the  state  superintendent  shall  make  requisition  upon 
said  reserve  fund  through  the  state  auditor  in  favor  of  the  treasurer  of 
said  county,  to  be  by  him  credited  to  the  proper  school  district,  for  such 
amount  as  will  be  sufficient  together  with  such  income  for  the  maintain- 
ing of  a  school  for  the  full  term  of  five  months  in  said  district.  Pro- 
vided, however,  that  for  the  purpose  of  this  act  the  amount  which  any 
school  district  shall  expend  for  maintaining  a  school  for  the  full  term  of 
five  months  shall  not  exceed  the  fum  of  three  hundred  dollars  for  each 
school  room,  and  that  for  the  purposes  of  this  act,  no  school  district  shall 
be  entitled  to  more  than  one  school  room  for  each  fifty  children  of  school 
age  or  fraction  thereof  in  such  district. 

NOTE: — At  the  end  of  each  fiscal  year,  the  state  treasurer  shall 
set  aside  the  balance  remaining  in  said  reserve  fund  as  a  separate 
fund,  half  of  which  shall  be  used  in  building  school  houses  in  districts 
unable  to  erect  and  furnish  such  houses. 

Sec.  6.  The  school  directors  of  each  school  district  and  the  boards 
of  education  of  cities,  towns,  and  villages,  whether  incorporated  under 
general  or  special  laws,  shall  have  power  and  are  hereby  required  to 


OF   THE   STATE   OF    NEW   MEXICO  83 

provide  by  purchase  or  lease  suitable  school  houses,  to  keep  said  school 
houses  in  repair,  to  provide  same  with  necessary  furniture  and  fuel,  to 
provide  for  the  payment  of  teachers'  w^ages  and  interest  on  school  bonds 
and  for  the  redemption  thereof,  and  defray  all  other  contingent  ex- 
penses connected  with  the  proper  conduct  of  the  public  or  common 
schools. 

Sec.  7  //  shall  be  the  duly  of  such  school  directors  and  boards  of 
education  on  or  before  the  first  da})  of  June  in  each  y^ear  to  make  and 
certify  to  the  board  of  county  commissioners  of  their  respective  counties 
an  estimate  of  the  amount  of  funds  necessary^  for  such  purposes  for  the 
ensuing  year. 

Sec.  8.  The  board  of  county  commissioners  of  each  county  shall 
annually  at  the  time  of  levying  other  taxes  levy  a  special  school  tax  upon 
all  the  taxable  property  in  each  of  such  districts,  including  the  territory 
attached  to  any  school  district  for  school  purposes,  which  together  with 
the  other  revenues  provided  by  laTv,  will  be  sufficient  to  produce  the 
amount  required  for  such  purposes  as  stated  in  such  estimate.  In  case 
said  board  shall  disapprove  such  estimate  or  in  case  the  school  directors 
of  any  district  or  any  board  of  education  fail  to  make  an  estimate,  the 
board  of  county  commissioners  shall  levy  such  special  school  tax  for 
such  district  as  in  its  opinion  will  be  sufficient  to  provide  the  necessary 
funds  for  the  purposes  specified  in  Section  6  hereof :  Provided,  that  the 
special  school  tax  which  may  be  levied  in  accordance  with  the  provis- 
ions of  this  act  shall  not  exceed  fifteen  mills  in  districts  other  than  incor- 
porated cities,  towns  and  villages,  and  twenty  mills  in  such  cities,  towns 
and  villages. 

The  proceeds  of  such  special  school  tax  for  such  cities,  towns  and 
villages  shall  be  paid  to  the  treasurers  of  the  several  boards  of  educa- 
tion. The  county  treasurer  shall  take  duplicate  receipts  therefor,  one  of 
which  he  shall  file  in  his  office  and  the  other  he  shall  transmit  to  the  clerk 
of  the  proper  board  of  euucation. 

The  proceeds  of  such  special  school  tax  for  school  districts  other  than 
incorporated  cities,  towns  and  villages  shall  be  credited  by  the  county 
treasurer  to  the  respective  school  districts. 

Sec.  9.  To  further  provide  the  necessary  funds  for  the  conduct  of 
the  public  schools  of  the  county,  the  board  of  county  commissioners  shall 
annually  on  or  before  the  first  day  of  August  in  each  year,  levy  a  gen- 
eral county  school  tax  of  three  mills  on  the  dollar  upon  all  the  taxable 
property  of  the  counties  to  be  assessed  and  collected  as  other  taxes  are 
assessed  and  collected.  The  proceeds  of  this  levy  shall  be  placed  to 
the  credit  of  the  general  county  school  fund. 

Sec.    10.      Any  surplus  in  the  sinking  fund  of  any  school  district 


84  COMPILATION    OF    THE    SCHOOL    LAWS 

may  be  applied  by  the  directors  of  said  district  to  the  building  of  addi- 
tional school  houses  or  to  the  enlargement  of  their  present  school  build- 
ings. 

Sec.  1  1.  That  Section  25  of  Chapter  97  of  the  Lam  of  1907, 
and  Chapter  1 25  of  the  Laws  of  1 909  and  all  acts  and  parts  of  acts  in 
conflict  herelpith  are  hereby  repealed. 

Sec.  12.  That  it  is  necessary  for  the  preservation  of  the  public 
peace  and  safety  of  the  inhabitants  of  the  State  of  New  Mexico,  that  the 
provisions  of  this  act  shall  become  effective  at  the  earliest  possible  time, 
and  therefore  an  emergency  is  hereby  declared  to  exist,  and  this  act 
shall  take  e£Fect  and  be  in  full  force  and  effect  from  and  after  its  passage. 


CHAPTER  LII. 

An  Act  to  Empower  the  State  Board  of  Education  to  Prescribe  and 
Adopt  a  Course  of  Study  in  Industrial  Education  for  the  Public  Schools 
and  Require  its  Teaching  in  said  Schools.  And  for  the  Appointment 
by  the  State  Superintendent  of  Public  Instruction  of  a  State  Director  of 
Industrial  Education,  and  Defining  the  Duties  of  Such  Director  and 
Providing  for  Compensation;  Senate  Bill  No.  187,  (as  amended). 
Approved  June   10,   1912. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  New  Mexico: 

Section  1.  That  the  State  Board  of  Education  is  hereby  em- 
powered to  prescribe  and  adopt  a  Course  of  Study  in  Industrial  Edu- 
cation, including  domestic  science,  manual  training  and  agriculture,  and 
make  such  necessary  rules  and  regulations  for  its  teaching  in  the  public 
schools.  In  the  preparation  of  the  Institute  Manuals  for  the  coming 
year,  the  State  Board  of  Education  may  include  a  course  of  study  in 
Industrial  Education  and  may  require  all  teachers  attending  County 
Institutes  and  Summer  Normal  Schools  to  pass  an  examination  in  one  or 
more  of  the  branches  of  industrial  education. 

Sec.  2.  That  the  State  Superintendent  of  Public  Instruction  is 
hereby  empowered  and  directed  to  appoint  a  State  Director  of  Indus- 
trial Education,  who  shall  be  proficient  in  the  several  branches  of  such 
education,  and  who  shall,  under  the  direction  and  supervision  of  the 
State  Superintendent,  have  the  general  charge  of  the  introduction  and 
teaching  of  industrial  education  in  such  of  its  branches  and  in  such  of 
the  public  schools  of  the  state  as  shall  be  deemed  advisable  by  the  State 
Superintendent  and  the  said  Director  of  Industrial  Education,  and  the 
said  Director  shall  perform  such  other  duties  as  may  be  prescribed  by 
the  State  Superintendent. 

Sec.    3.      That  said  Director  of  Industrial  Education  shall  receive 


OF    THE    STATE    OF    NEW    MEXICO  85 

an  annual  salary  of  One  Thousand  Dollars,  payable  in  like  manner  as 
is  provided  for  the  payment  of  the  salary  of  the  State  Superintendent  of 
Public  Instruction,  and  shall  further  receive  as  a  part  of  the  salary  of 
said  office  the  sum  of  thirty  dollars  from  all  counties  of  class  "A",  the 
sum  of  twenty-five  dollars  from  all  counties  in  class  "B",  and  the  sum 
of  twenty  dollars  from  all  counties  of  class  "C,"  "D,"  and  "E,"  said 
above  sums  to  be  set  apart  by  each  of  the  county  treasurers  in  like  man- 
ner as  county  institute  funds  are  now  provided  to  be  set  aside  and  under 
like  conditions;  provided,  the  said  county  sums  are  only  to  be  paid  said 
State  Director  of  Industrial  Education  by  said  County  Treasurer,  upon 
said  Director's  visiting  and  instructing  in  the  various  counties  in  indus- 
trial education. 

Sec.  4.  That,  to  the  end  that  said  Director  of  Industrial  Educa- 
tion may  visit  the  public  schools  so  far  as  possible,  make  investigation  of 
school  conditions  and  report  same  to  the  State  Superintendent  of  Public 
Instruction,  together  with  recommendations  as  to  the  introduction  and 
teaching  of  industrial  education,  an  annual  appropriation  of  Six  Hun- 
dred Dollars,  or  such  part  thereof  as  may  be  required,  is  hereby  made 
for  traveling  expenses  in  visiting  schools  and  supervising  the  mtroduction 
and  teaching  of  industrial  education  in  said  schools  payable  upon  pre- 
sentation of  certified  vouchers,  duly  approved  by  the  State  Superintend- 
ent of  Public  Instruction,  and  warrants  drawn  by  the  State  Auditor 
upon  the  State  Treasurer. 

Sec.  5.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Sec.  6.  That  it  is  ncccssar})  for  the  preservation  of  the  public  peace 
and  safety  of  the  inhabitants  of  the  State  of  Next)  Mexico,  that  the  pro- 
visions of  this  Act  shall  become  effective  at  the  earliest  possible  time, 
and  therefore  an  emergency  is  hereby  declared  to  exist,  and  this  act  shall 
take  effect  and  be  in  full  force  and  effect  from  and  after  its  passage. 


CHAPTER  LVII. 

An  Act  for  the  Establishment  of  County  High  Schools,  and  Provid- 
ing for  the  Maintenance  Thereof.  Senate  Substitute  for  Senate  Bill 
No.  29,  Approved  June  10,   1912. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  New  Mexico: 

Section  1 .  That  county  high  schools  may  be  established  as  here- 
inafter provided  in  each  county  of  this  state  having  a  population  of  five 
thousand  or  more  inhabitants  as  shown  by  the  last  federal  census. 

Sec.  2.  When  petitioners  to  the  number  of  one-fifth  of  the  electors 
of  the  county,  including  women  qualified  as  provided  by  Section  I , 
Article  VII.   of  the  State  Constitution,   shall  petition  to  the  board  of 


86  COMPILATION    OF    THE    SCHOOL    LAWS 

county  commissioners  of  any  county  of  the  class  provided  for  in  section 
one  requesting  an  election  be  called  to  determine  the  question  of  estab- 
lishing a  county  high  school  in  such  county  at  a  place  named  in  said 
petition,  it  shall  be  the  duty  of  said  board  of  county  commissioners  to 
call  an  election  for  said  purpose  not  less  than  thirty  days  followmg  the 
meeting  of  said  board  at  which  such  petition  is  received.  Said  election 
shall,  in  all  matters  not  herein  provided  for,  be  called,  conducted  and  the 
returns  made  and  canvassed  as  now  provided  by  law  for  the  election  of 
county  officers.     At  said  election  the  ballots  shall  read  "For  a  county 

high  school  at "  and  "Against  a  county  high 

school  at ."     If  a  majority  of  votes  cast  at  said 

election  shall  be  in  favor  of  establishing  such  high  school  it  shall  be  the 
duty,  of  said  board  to  establish  a  high  school  at  the  place  named  in  said 
petition  by  executing  a  certificate  under  the  seal  of  said  board,  of  which 
certificate  duplicates  shall  be  delivered  to  the  county  clerk  and  the  as- 
sessor of  said  county. 

Sec.  3.  All  children  of  school  age  residing  in  said  county  who 
have  passed  the  elementary  course  of  study  in  the  eighth  grade,  as  pre- 
scribed by  the  Board  of  Education  of  the  State  or  the  district  wherein 
any  such  school  is  located,  shall  be  admitted  to  such  county  high  school 
free  of  tuition. 

Sec.  4.  The  management  and  government  of  each  of  said  high 
schools  shall  be  under  the  control  of  the  Board  of  Education  or  school 
directors  of  the  city  or  district  where  said  school  is  established  and  main- 
tained. 

Sec.  5.  The  county  superintendent,  by  virtue  of  his  office,  shall 
be  a  member  of  said  board.  All  members  of  the  board  of  education  or 
school  directors,  except  the  school  superintendent,  shall  be  elected  and  the 
board  shall  organize  in  the  same  manner  as  now  provided  by  law  except 
that  women  qualified  as  provided  in  section  one  of  this  act  shall  have 
the  right  to  vote  and  hold  the  office  of  a  member  of  the  board  of  edu- 
cation or  school  director  in  the  city  or  district  where  the  county  high 
school  is  established. 

Sec.  6.  For  the  purpose  of  maintaining  county  high  schools  the 
boards  of  education  or  school  directors  of  all  the  county  high  schools 
established  in  any  county  of  the  state  under  this  act  shall  be  permitted 
to  levy,  in  addition  to  the  levies  now  provided  by  law,  an  additional 
levy  to  be  known  as  the  county  high  school  levy  which  shall  not  exceed 
two  mills  upon  the  dollar. 

Sec.  7.  Said  levy  made  for  county  high  schools  shall  be  certified 
to  the  county  clerk  of  the  county  in  which  said  high  school  or  schools 
are  situate  by  the  president  and  secretary  of  each  of  said  boards  and 


OF    THE    STATE    OF    NEW   MEXICO  87 

the  county  clerk  is  hereby  directed  to  certify  the  same  to  the  assessor  of 
said  county  who  shall  place  the  same  upon  the  tax  rolls  of  said  county 
and  said  taxes  shall  be  collected  in  the  same  manner  as  other  taxes,  and 
when  collected  the  county  treasurer  shall  place  the  same  to  the  credit  of 
the  district  or  districts  where  any  such  county  high  school  or  schools  are 
situate,  in  a  separate  fund  known  as  the  County  High  School  Fund. 

The  treasurer  of  said  county  shall  apportion  said  high  school  fund 
among  the  high  schools  of  the  county  established  under  this  act,  if  there 
be  more  than  one  such  high  school,  in  the  ratio  shown  by  the  number  of 
children  attending  such  high  schools  during  the  preceding  year.  Pro- 
vided, however,  that  no  child  shall  be  counted  in  determining  said  ratio 
who  has  attended  said  high  school  for  less  than  half  of  the  regular  ses- 
sion of  its  high  school  year.  At  the  end  of  each  high  school  year  the 
president  and  secretary  of  the  board  or  school  directors  of  each  district 
having  such  high  school  shall  certify  under  oath  to  the  treasurer  of  the 
county  the  number  of  such  pupils  attending  the  high  school  during  the 
precedmg  year  as  the  basis  for  apportionment  of  the  county  high  school 
fund.  Provided,  further.  That  only  one  such  county  high  school  shall 
be  established  in  any  county  of  the  state  during  any  one  year,  and  that 
when  an  additional  county  high  school  shall  be  established  it  shall 
receive  during  the  first  school  year  not  to  exceed  one-third  of  the  moneys 
then  in  the  county  high  school  fund.  Provided,  further.  That  where 
hig'i  schools  now  located  in  counties  are  established  and  designated  as 
county  high  schools,  the  limitation  hereinabove  made  to  the  number  of 
shrdlu  etaoi  shrd  etao  shrdl  etaoi  shrdl  etaoi  shrdlu  shrdlupupupusessst 
county  high  schools  established  in  any  one  year  shall  not  apply  and  the 
county  high  school  fund  shall  be  apportioned  among  such  schools  on 
the  basis  of  attendance  during  the  preceding  high  school  year  of  such 
schools. 

Sec.  8.  It  is  hereby  expressly  provided  that  the  cost  of  site,  loca- 
tion of  building  and  erection  and  cost  thereof  for  any  such  county  high 
school  shall  be  entirely  borne  by  the  district  where  such  high  school  is 
established,  and  the  county  high  school  fund  hereinbefore  provided  for 
shall  be  used  only  for  the  maintenance  and  operation  of  the  said  county 
high  school  or  high  schools. 

Sec.  9.  The  board  of  education  or  school  directors  of  the  district 
where  any  such  county  high  school  is  established  shall  proceed  as  soon 
as  practicable  after  the  establishment  of  said  county  high  school  to  secure 
the  necessary  site  and  buildings  and  are  hereby  authorized  to  bond  the 
said  district  as  now  provided  by  law  for  the  purpose  of  providing  the 
necessary  site  and  buildings. 

Sec.    10.      The  board  of  education  or  school  directors  of  the  dis- 


88  COMPILATION    OF    THE    SCHOOL    LAWS 

trict  where  any  such  county  high  school  is  established  shall  add  to  the 
course  of  study  provided  for  such  school  the  additional  branches  of 
manual  training,  domestic  science,  the  elements  of  agriculture  and  com- 
mercial science. 

Sec.  1  1 .  The  board  of  education  or  school  directors  of  the  dis- 
trict where  any  such  county  high  school  is  established  shall  employ  and 
discharge  teachers,  regulate  their  salaries  and  shall  have  the  power  and 
authority  to  make  all  necessary  rules  and  regulations  and  to  do  all 
things  for  the  proper  management  and  control  of  said  county  high  school. 

Sec.  1  2.  This  law  shall  be  in  full  force  and  effect,  as  provided  by 
law,  after  its  passage  and  approval. 


CHAPTER  LXIV. 
An  Act  to  Amend  Section  Two  of  Chapter  103  of  the  Acts  of  the 
Legislative  Assembly  of  New  Mexico  of  the  Year  1909;  and  Provid- 
ing Thai  the  Moneys  of  the  Board  of  Trustees  of  the  Town  of  Las 
Vegas  Shall  Constitute  a  Permanent  School  Fund  and  be  Invested  in 
Certain  Interest-Bearing  Bonds.  House  Bill  No.  262,  Approved  June 
10.  1912. 

Be  It  Enacted  fep  the  Legislature  of  the  Stale  of  New  Mexico: 

Section  I.  That  Section  2  of  Chapter  103  of  the  laws  of  the 
Legislative  Assembly  of  the  Territory  of  New  Mexico  of  the  year 
1 909  be  and  it  is  hereby  amended  so  as  to  read  as  follows : 

Sec.  2.  It  shall  be  the  duty  of  the  Board  of  Trustees  of  the  Town 
of  Las  Vegas  to  invest  any  and  all  moneys  now  in  its  hands,  or  which 
shall  hereafter  be  received  by  it,  excepting  such  amount  as  said  court 
may  deem  necessary  to  pay  the  current  and  other  necessary  expenses  of 
said  Board,  in  interest-bearing  bonds  of  the  State  of  New  Mexico,  or 
of  any  county,  municipality,  district  or  political  subdivision  thereof, 
authorized  to  issue  the  same  under  the  laws  of  this  State,  at  not  more 
than  their  par  value,  and  bearing  interest  at  the  rate  of  not  less  than 
four  per  centum  per  annum;  and  the  said  moneys  when  so  invested 
shall  constitute  a  permanent  school  fund  as  hereinafter  provided,  the 
principal  of  which  shall  be  under  no  circumstances  lessened  or  impaired, 
and  shall  remain  inviolate:  Provided,  That  no  part  of  such  moneys 
shall  be  so  invested  nor  shall  any  bonds  be  purchased  without  the  ap- 
proval of  the  District  Court  of  San  Miguel  County,  New  Mexico: 
Provided,  further.  That  any  of  said  fund  may  be  temporarily  deposited 
with  some  bank  or  banks  designated  by  said  court,  and  the  said  board, 
upon  certificate  of  deposit  bearing  interest  at  the  rate  of  not  less  than 
four  per  centum  per  annum:     Provided,  further.  That  at  any  time  in 


OF   THE   STATE   OF    NEW    MEXICO  89 

the  judgment  of  the  district  court  of  San  Miguel  County  and  the  said 
board  of  trustees  it  becomes  expedient,  the  whole  of  said  interest  or  any 
part  thereof  may  be  applied  to  the  maintenance  of  an  industrial  manual 
training  school  for  boys  and  girls,  which  said  school  shall  be  located  in 
the  town  of  Las  Vegas. 


CHAPTER  LXXVII. 

An  Act  to  Distribute  the  Funds  Derived  from  Collections  of  Delin- 
quent Taxes  Accruing  Prior  to  the  Year  191  1.  Senate  Bill  No.  153, 
Approved  June  12,   1912. 

Be  It  Enacted  b^  the  Legislature  of  the  State  of  Nerv  Mexico: 

Section  1 .  That  all  money  collected  and  not  distributed  by  the 
treasurers  and  ex-officio  collectors  of  the  several  counties  in  the  state  on 
account  of  delinquent  taxes  accruing  prior  to  the  year  1911,  shall  be 
distributed  as  follows: 

That  portion  of  said  taxes  levied  for  state  purposes  of  any  character 
shall  be  paid  into  the  state  treasury  and  by  the  state  treasurer  covered 
into  the  State  Road  Fund;  all  of  the  remainder  of  said  taxes  shall  be 
covered  into  the  county  road  fund  and  count})  school  fund;  Provided, 
That  the  apportionment  of  the  said  taxes  as  between  the  said  count}) 
road  fund  and  the  said  county  school  fund  shall  be  made  in  the  discre- 
tion of  the  county  commissioners  of  each  county;  and  provided  further, 
that  no  part  of  said  delinquent  taxes  shall  be  covered  into  said  school 
fund  or  road  fund  until  all  valid  floating  indebtedness,  outstanding  and 
omng  fcp  the  respective  counties,  evidenced  by  claims  approved  by  the 
county  commissioners  prior  to  January  first,  1911,  shall  have  been 
fully  paid. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

Sec.  3.  That  it  is  necessary  for  the  preservation  of  the  public 
peace  and  safety  of  the  inhabitants  of  the  State  of  New  Mexico,  that 
the  provisions  of  this  Act  shall  become  effective  at  the  earliest  possible 
time,  and  therefore  an  emergency  is  hereby  declared  to  exist,  and  this 
Act  shall  take  effect  and  be  in  full  force  and  effect  from  and  after  its 
passage. 


Extracts  from  the  Laws  of  1913 

CHAPTER  XV. 

An  Act  Prohibiting  Minors  Under  the  Age  of  Eighteen  Years  to 
Attend,  Frequent  and  Loiter  in  or  Around  Pool  Rooms,  and  Prescrib- 
ing a  Penalty  for  the  Orvner,  Proprietor  or  Agent  to  Permit  Same. 
Amended  H.  B.  No.   110;  Approved  March  7,   1913. 

Be  It  Enacted  tp  the  Legislature  of  the  State  of  NeTV  Mexico: 
Minors  Prohibited  from  Loitering  in  Pool  Rooms. 
Section    1 .      Minors  under  the   age  of   eighteen  years   are   hereby 
prohibited  from  attending,  frequenting  or  loitering  in  or  about  any  pool 
room  in  New  Mexico. 

Duties  of  Proprietors;  Violation,  Fine,  Imprisonment. 

Sec.  2.  The  owners  or  proprietors  of  any  pool  room  in  the  State 
of  New  Mexico,  who  shall  permit  minors  under  the  age  of  eighteen 
years  to  attend,  frequent  or  loiter  in  or  about  the  pool  room  shall,  upon 
conviction,  before  any  court  of  competent  jurisdiction,  be  fined  in  any 
sum  not  exceeding  Twenty  Dollars  together  with  the  costs  of  the  prose- 
cution, and  provided  further,  upon  a  second  conviction,  shall  be  fined  in 
a  sum  not  exceeding  Twenty  Dollars  and  imprisonment  in  the  county 
jail  not  exceeding  Thirty  Days,  together  with  the  costs  of  prosecution. 

Emergency;  Act  Elective  Upon  Passage  and  Approval. 

Sec.  3.  This  Act  is  necessary  for  the  preservation  of  the  public 
peace,  health  and  safety,  and  shall  therefore  take  effect  immediately 
upon  its  passage  and  approval,  provided  that  it  be  passed  by  a  two- 
thirds  vote  of  each  House,  but  if  passed  by  less  than  a  two-thirds  vote 
of  each  House,  it  shall  take  effect  ninety  days  after  the  adjournment  of 
the  Legislature. 


CHAPTER  XVIII. 

An  Act  Amending  Section  One  of  Chapter  11  of  the  Acts  of  the 
First  State  Legislature,  Approved  June  12,  1912,  Entitled,  ''An  Act  to 
Distribute  the  Funds  Derived  from  Collections  of  Delinquent  Taxes 
Accruing  Prior  to  the  Year  1911."  5.  R  TVo.  161;  Approved 
March  11.  1913. 


OF    THE    STATE    OF    NEW    MEXICO  91 

Be  It  Enacted  b^  the  Legislature  of  the  State  of  Nerv  Mexico: 
Amendment  of  Law    1912. 

Section    1.      That  Section  One  of  Chapter  Seventy-seven   of   the 
Acts  of  the  First  State  Legislature,  approved  June  twelfth,    1912,  be, 
and  the  same  is  hereby  amended  so  as  to  read  as  follows: 
Distribution  of  Taxes  Accruing  Prior  to   191  1. 

"Section  1 .  That  all  money  collected  and  not  distributed  by  the 
treasurers  and  ex-officio  collectors  of  the  several  counties  in  the  State  on 
account  of  delinquent  taxes  accruing  prior  to  the  year  191  1,  shall  be 
distributed  as  follows: 

That  portion  of  said  taxes  levied  for  State  purposes  of  any  character 
shall  be  paid  into  the  State  Treasury  and  by  the  State  Treasurer  cov- 
ered into  the  State  Road  Fund;  all  of  the  remainder  of  said  taxes  shall 
be  covered  into  the  County  Road  Fund  and  County  School  Fund;  pro- 
vided, that  the  apportionment  of  the  said  taxes  as  between  the  said 
County  Road  Fund  and  the  said  County  School  Fund  shall  be  made 
in  the  discretion  of  the  County  Commissioners  of  each  county;  and 
provided  further,  that  no  part  of  said  delinquent  taxes  shall  be  covered 
into  said  school  fund  or  road  fund  until  all  valid  floating  indebtedness, 
outstanding  and  owing  by  the  respective  counties,  evidenced  by  claims 
approved  by  the  county  commissioners  prior  to  January  first,  1911, 
shall  have  been  fully  paid.  And  provided  further,  that  this  act  shall 
not  extend  to  taxes  heretofore  levied  for  Court  purposes  and  belonging 
to  the  Court  Fund  of  any  county  in  the  State,  where  in  the  opinion  of 
the  Judge  of  the  District  Court  of  the  district  in  which  such  county  Is 
situate,  certified  to  the  Treasurer  of  such  county,  the  court  fund  of  any 
such  county  is  insufficient  with  taxes  levied  and  collected  since  the  year 
1911,  to  hold  court  and  properly  conduct  the  court  business  of  such 
county." 

Emergency;  Act  Effective  Upon  Passage  and  Approval. 

Sec.  2.  That  it  is  necessary  for  the  preservation  of  the  public 
peace  and  safety  of  the  inhabitants  of  the  State  of  New  Mexico  that 
the  provisions  of  this  Act  shall  become  effective  at  the  earliest  possible 
time,  and  therefore  an  emergency  is  hereby  declared  to  exist,  and  this 
Act  shall  take  effect  and  be  in  full  force  and  effect  from  and  after  its 

passage.  

CHAPTER  XX. 

An  Act  Entitled  an  Act  to  Amend  Sections  1  and  7  of  Chapter 
57  of  the  Laws  of  1912  of  the  State  of  New  Mexico,  Entitled  an  ''Act 
for  the  Establishment  of  County  High  Schools  and  Providing  for  the 
Maintenance  Thereof."     S.  B.  No.  118;  Approved  March  11,  1913. 


92  COMPILATION    OF    THE    SCHOOL    LAWS 

Be  It  Enacted  tp  the  Legislature  of  the  State  of  New  Mexico: 
Count})  High  Schools — How  Established. 
Section    1 .      That  Section   1   be  amended  to  read  as  follows : 
"Section  1 .     That  County  High  Schools  may  be  established  as  here- 
inafter provided  in  each  county  in  this  State." 

Taxation;  Lev});  Collection;  Fund. 

Sec.  2.  That  Section  7  of  said  Act  be  amended  to  read  as  fol- 
lows: 

"Section  7.  Said  levy  made  for  County  High  Schools  shall  be  cer- 
tified to  the  County  Clerk  of  the  county  in  which  said  high  school  or 
schools  are  situate  by  the  president  and  secretary  of  each  of  said  boards 
and  the  county  clerk  is  hereby  directed  to  certify  the  same  to  the  assessor 
of  said  county  who  shall  place  the  same  upon  the  tax  rolls  of  said  county 
and  said  taxes  shall  be  collected  in  the  same  manner  as  other  taxes,  and 
when  collected  the  county  treasurer  shall  place  the  same  to  the  credit  of 
the  district  or  districts  where  any  such  county  high  school  or  schools 
are  situate,  in  a  separate  fund  known  as  the  County  High  School  Fund. 

[Apportionment  of  Funds;  Establishment  of  Schools] 
The  Treasurer  of  said  county  shall  apportion  said  high  school  fund 
among  the  high  schools  of  the  county  established  under  this  act,  and  if 
there  be  more  than  one  such  high  school,  in  the  ratio  shown  by  the 
number  of  children  attending  such  high  schools  during  the  preceding 
year.  Provided,  however,  that  no  child  shall  be  counted  in  determin- 
ing said  ratio  who  has  attended  said  high  school  for  less  than  half  of 
the  regular  sessions  of  its  high  school  year.  At  the  end  of  each  high 
school  year  the  president  and  secretary  of  the  board  of  school  directors 
of  each  district  having  such  high  school  shall  certify  under  oath  to  the 
treasurer  of  the  county  the  number  of  such  pupils  attending  the  high 
school  during  the  preceding  year  as  the  basis  for  apportionment  of  the 
county  high  school  fund.  Provided,  further,  that  when  an  additional  high 
school  shall  be  established  it  shall  receive  during  the  first  school  year  not 
to  exceed  one-third  of  the  monies  then  in  the  county  high  school  fund. 
Provided,  further,  that  more  than  one  high  school  may  be  established 
and  designated  as  a  county  high  school  in  any  year,  and  in  that  case, 
the  county  high  school  fund  shall  be  apportioned  among  such  schools  on 
the  basis  of  attendance  during  the  preceding  high  school  year  for  such 
schools.      High  schools  now  located  and  established  in  any  county  of 


OF    THE   STATE   OF    NEW    MEXICO  93 

the  State  shall  be  designated  and  established  as  county  high  schools  as 
provided  in  this  act. 


CHAPTER  XXI. 

An  Act  to  Provide  for  the  Publication  of  a  Catalog  of  the  Ancient 
Spanish  Archives  of  New  Mexico,  and  Providing  the  Necessary  Funds 
Therefor.     H.  B.  No.   175;  Approved  March   II.   1913. 

Preamble. 

WHEREAS,  the  public  interest  wants  the  publication,  in  book 
form  of  a  catalog  of  the  ancient  archives  of  New  Mexico,  a  portion  of 
which  are  now  in  the  custody  of  the  Government  of  the  United  States 
at  Washington,  D.  C,  and  the  remainder  thereof  in  the  ofFice  of  the 
United  States  Surveyor  General  for  New  Mexico  at  Santa  Fe,  N.  M. ; 
and 

[Compilation  of  Ancient  Spanish  Archives  Made.] 

WHEREAS,  there  has  been  prepared  by  Ralph  E.  Twitchell,  Esq., 
a  complete  compilation  of  said  archives  in  chronological  order,  with  full 
geological,  genealogical,  historical  and  biographical  annotations,  together 
with  a  translation  into  the  English  language  of  all  the  edicts,  decrees 
and  proceedings  taken  by  the  Governor  and  Captain-General  of  the 
Province  of  New  Mexico,  Don  Antonio  de  Otermin,  at  the  time  and 
subsequent  to  the  Pueblo  rebellion  of  1 680,  relative  thereto  and  the 
causes  therefor,  together  with  a  complete  list  of  all  private  land  claims 
in  this  State  finally  passed  upon  and  adjudicated  by  tribunals  estab- 
lished by  the  Government  of  the  United  States,  and  of  other  historical 
documents  and  archives  of  importance  to  the  people  of  New  Mexico; 
and 

[Compilation  Offered  for  Publication.] 

WHEREAS,  the  writer  and  compiler  thereof  has  tendered  to  [the] 
State  the  manuscript  thereof  for  publication  by  authority  of  the  State; 
and 

WHEREAS,  said  work  is  of  great  value  to  the  people  of  New 
Mexico  and  the  United  States, 

NOW  THEREFORE: 

Be  It  Enacted  b})  the  Legislature  of  the  State  of  New  Mexico: 
Appropriation  for  Publication. 
Section    1 .      In   aid   of  the  expense  of  publication  of  said  work, 
which  shall  be  known  as  the  Spanish  Archives  of  New  Mexico,  there  Is 
hereby   appropriated   out  of  any   funds   in   the  State  Treasury,   except 


94  COMPILATION    OF    THE    SCHOOL    LAWS 

funds  appropriated  fcr  the  payment  of  interest  on  the  public  debt,  the 
sum  of  Thirty-Five  Hundred  Dollars,  which  shall  be  paid  by  the  State 
to  the  said  Ralph  E.  Twitchell,  his  heirs  or  assigns,  during  the  year 
1914,  when  it  shall  appear  that  he  has  delivered  or  caused  to  be  de- 
livered to  the  Secretary  of  State  of  New  Mexico  two  hundred  copies 
of  said  work. 

Secretary)  of  State  Custodian  of  Printed  Volumes — Sale. 
Sec.  2.  The  Secretary  of  State  shall  be  the  custodian  of  said 
volumes  which  shall  be  used  by  said  Secretary  of  State  in  exchange 
with  other  States  of  the  United  States  and  foreign  governments  for  pub- 
lications by  such  states  and  governments,  in  supplying  each  High  School 
and  other  higher  institutions  of  learning  in  New  Mexico  with  one  copy 
thereof,  the  remainder,  if  any  there  shall  be,  to  be  disposed  of  by  the 
Secretary  of  State  at  a  price  not  less  than  fifteen  ($15.00)  dollars  per 
copy,  the  receipts  from  the  sales  of  which  to  be  covered  into  the  State 
Treasury. 


CHAPTER  LXVII. 

An  Act  Establishing  Boards  of  Education  in  Incorporated    Topns 
and    Villages,   and  Providing  for   the  Election   of  Members    of   Such 
Boards.     S.  Sub.  S.  B.  No.  65;  Approved  March  15,  1913. 
Be  It  Enacted  b\)  the  Legislature  of  the  State  of  New  Mexico: 

Board  of  Education  Created  for  Incorporated  Town  or  Village. 

Section  1 .  Hereafter  there  shall  be  elected,  in  each  incorporated 
town  or  village,  a  board  of  education  which  shall  consist  of  five  mem- 
bers, who  shall  have  the  qualifications  provided  by  law  for  members  of 
boards  of  education  in  incorporated  cities,  and  who  shall  be  elected  at 
large  from  any  portion  of  the  territory  subject  to  the  jurisdiction  of  such 
board  of  education,  as  hereinafter  otherwise  provided. 

Election  of  Board  of  Education. 
Sec.  2.  The  qualified  electors  of  such  town  or  village,  and  those 
residing  within  any  portion  of  the  territory  subject  to  the  jurisdiction  of 
said  board  of  education  shall,  on.  the  first  Tuesday  of  April  in  the  year 
1913,  elect  five  members  of  the  board  of  education,  two  or  whom  shall 
hold  office  for  a  term  of  two  years  and  three  of  whom  shall  hold  office 
for  a  term  of  four  years,  and  thereafter  a  regular  election  for  members 
succeeding  those  whose  terms  expire,  shall  be  held  on  the  first  Tuesday 
of  April  of  each  odd  numbered  year.  Provided,  That  in  towns  incor- 
porated under  special  acts,  said  election  shall  be  held  on  the  second 
Tuesday  of  April  of  each  odd  numbered  year.     Provided  further,  that 


OF    THE   STATE    OF    NEW    MEXICO  95 

the  terms  of  all  members  of  boards  of  education  or  school  directors  in 
such  towns  and  villages,  now  in  office,  shall  terminate  on  the  first  Mon- 
day of  May,  nineteen  hundred  and  thirteen. 
Manner   of  Holding  Election   and   Convassing   Returns — Registration. 

Sec.  3.  The  election  herein  provided  for  shall  be  held,  the  returns 
thereof  made  and  canvassed,  and  the  certificates  of  election  issued  in 
accordance  with  the  laws  applicable  to  elections  of  officers  of  the  re- 
spective incorporated  towns  and  villages  wherein  said  Boards  of  Edu- 
cation are  hereby  established,  except  that  no  registration  shall  be  re- 
quired. 

Scope  of  Authority  of  Board. 

Sec.  4.  That  the  board  of  education  hereby  established  shall  have 
sole  control  over  schools  and  school  property  within  the  said  incorporated 
town  or  village,  the  territory  thereto  attached  for  school  purposes,  and 
the  school  district  of  which  said  town  or  village,  before  incorporation, 
was  a  part,  all  of  which  shall  constitute  the  territory  subject  to  the 
jurisdiction  of  such  board  of  education  for  school  purposes  only,  to  the 
same  extent  as  the  territory  located  within  the  limits  of  such  incorporated 
town  or  village. 

Powers  of  Board. 

Sec.    5.      That  such  board  of  education  shall  have  all  the  powers 
and  privileges  and  be  subject  to  all  the  duties  and  requirements  pro- 
vided by  law  for  boards  of  education  in  incorporated  cities  and  towns. 
Emergence;  Act  Effective  Upon  Passage  and  Approval. 

Sec.  6.  That  it  is  necessary  for  the  preservation  of  the  public 
peace  and  safety  of  the  inhabitants  of  the  State  of  New  Mexico,  that 
the  provisions  of  this  Act  shall  become  effective  at  the  earliest  possible 
time,  and  therefore  an  emergency  is  hereby  declared  to  exist,  and  this 
act  shall  take  effect  and  be  in  full  force  and  effect  from  and  after  its 
passage. 


CHAPTER  LXX.  ^ 

An  Act  to  Amend  Section  7  of  Chapter  ]\9  of  the  Laws  of  1903, 
Entitled  *'An  Act  to  Harmonize  and  Strengthen  the  Existing  School 
Laws  and  for  Other  Purposes.''  Amend.  S.  B.  No.  173;  Approved 
March  15,   1913. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  New  Mexico: 

Public  School  Building  Contracts;   1903  Law  Amended. 
Section    1.      Section  7  of  Chapter   1  19  of  the  Laws  of   1903  en- 
titled   "An   Act    to    Harmonize    and    Strengthen    the    Existing    School 


96  COMPILATION    OF    THE    SCHOOL    LAWS 

Laws,  and  for  Other  Purposes,"  is  hereby  amended  so  as  to  read  as 
follows : 

Contracts  for  School  Buildings^  Bond;  School  Officers  Not  to  Profit  h}f 
Contracts,  Violation  Voids  Contract,  Penalty;  Duty  of  School  Offi- 
cers; Furniture  and  Fixtures. 

"Sec.  7.  Boards  of  education  or  school  directors  when  letting  a  con- 
tract for  public  school  buildings  shall  require  of  the  contractor  a  good 
and  sufficient  bond  for  the  faithful  execution  of  said  contract.  And  the 
clerks  of  said  boards  outside  of  incorporated  cities,  towns  and  villages 
are  required  to  make  the  county  superintendent,  from  time  to  time  as  the 
superintendent  may  require,  an  itemized  statement  under  oath  of  the 
cost  of  labor  and  material  used  and  work  done  where  practicable  and 
apparatus  required  and  used  for  constructing  and  furnishing  said  build- 
ing, and  school  directors  are  further  required  to  consult  with  and  solicit 
the  co-operation  of  county  superintendents  whenever  it  becomes  neces- 
sary to  purchase  furniture,  fixtures,  etc.,  for  the  district  schools,  and  the 
members  of  Boards  of  Education  and  School  Directors  and  clerk  thereof 
are  hereby  prohibited  from  acting  as  the  agent  for  any  person  or  firm 
engaged  in  the  selling  of  school  furniture,  apparatus,  etc.,  or  to  receive 
any  commission  attending  the  purchase  of  such  furniture,  apparatus, 
etc.,  for  use  in  their  respective  districts;  and  all  persons  identified  in  an 
official  capacity  with  the  public  schools  or  with  the  higher  education(xl 
institutions  supported  in  whole  or  in  part  by  the  public  funds  of  this 
State  are  hereby  prohibited  from  being  a  party  directly  or  indirectly  to 
any  contract,  or  interested  in  any  contract,  in  connection  with  the  opera- 
tion or  maintenance  of  such  public  schools  or  higher  educational  institu- 
tions; and  any  contract  in  which  they  are  so  interested  shall  be  void, 
and  the  members  of  any  educational  board  voting  for  the  same  shall  be 
guilty  of  a  misdemeanor  and  liable  to  punishment  accordingly. 


CHAPTER  LXXIV. 

An  Act  to  Make  Further  Provision  for  the  Holding  of  a  School  for 
the  Full  Period  of  Five  Months  in  School  Districts  in  Which  the  Regu- 
lar Annual  Income  is  Insufficient  for  the  Purpose.  Amend.  S.  B.  No. 
182;  Approved  March  15,  1913. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  New  Mexico: 

School  Building  Fund  Created. 

Section  1 .  Any  balance  remaining  in  the  reserve  fund  created 
for  the  purpose  of  enabling  school  districts  to  hold  school  for  a  term  of 


OF    THE    STATE    OF    NEW    MEXICO  97 

hve  months,  at  the  end  of  the  school  year  shall  be  set  aside  by  the  treas- 
urer of  the  State  to  the  credit  of  the  "School  Building  Fund"  which  is 
hereby  created. 

Application  to  State  for  Funds  for  Five  Months  School;  Endorsement; 

Approval 
Sec.  2.  Any  school  district  already  formed  or  which  may  here- 
after be  formed  in  which  the  regular  annual  income  is  insufficient  for  the 
maintaining  of  a  school  for  a  period  of  five  months,  may  make  applica- 
tion to  the  Superintendent  of  Public  Instruction  and  Attorney  General 
of  the  State  on  a  form  to  be  prepared  by  said  Attorney  General,  for 
sufficient  funds  out  of  the  fund  herein  created,  to  enable  such  district  to 
build  and  construct  a  suitable  school  house  or  houses,  or  to  complete 
or  properly  furnish  such  school  house  or  school  houses  for  the  conveni- 
ence and  suitable  education  of  the  children  therein  of  compulsory  school 
age;  such  application  shall  describe  the  boundaries  of  such  district,  give 
the  amount  of  taxable  property  therein,  its  indebtedness  already  issued 
and  outstanding,  the  number  of  school  children  therein  who  can  be  ac- 
commodated by  such  school  buildings  and  all  other  facts  which  may 
aid  the  State  Superintendent  and  the  Attorney  General  in  determining 
the  advisability  of  constructing,  completing  or  furnishing  such  school 
building  or  school  buildings;  said  application  shall  be  signed  by  the 
school  directors  of  the  district  and  must,  before  presentation  to  the 
Superintendent  of  Public  Instruction  receive  the  endorsement  of  the  su- 
perintendent of  schools,  which  said  endorsement  must  appear  on  said 
application;  Provided,  however,  should  the  County  Superintendent  of 
Schools  arbitrarily  refuse  to  approve  any  such  application,  the  directors 
may  present  the  same  to  the  State  Board  of  Education  and  said  Board 
may  after  a  hearing,  if  it  finds  the  facts  warrant,  approve  said  applica- 
tion without  the  endorsement  of  the  County  Superintendent  of  Schools. 

Approval  of  Application  /)p  State  Officers;  Pa'^ment  of  Funds;  School 
District  Furnish  Building  Site  and  Labor. 

Sec.  3.  If  the  State  Superintendent  of  Public  Instruction  and  the 
Attorney  General  of  the  State  approve  said  application  they  shall  en- 
dorse thereon  their  approval  and  certify  the  amount  allowed  to  the 
auditor  of  the  State  who  shall  draw  his  warrant  in  favor  of  the  Treas- 
urer of  the  County  in  which  said  district  is  situate  to  be  by  him  credited 
to  said  school  district  payable  out  of  the  fund  herein  created  and  the 
Treasurer  of  the  State  shall  pay  said  warrant,  upon  presentation,  out  of 
such  fund.  Provided,  that  not  to  exceed  ($300)  Three  Hundred 
Dollars  shall  be  allowed  for  building  or  completing  any  school  building 
nor  more  than  Fifty  Dollars  for  furnishing  any  school  room  and  in  every 


98  COMPILATION    OF    THE    SCHOOL    LAWS 

case  the  school  district  receiving  aid  shall  furnish  in  labor  or  money  at 
least  one-third  of  the  cost  of  the  construction,  completion,  or  furnishing 
of  the  school  building  or  buildings.  Provided,  further,  the  site  for  said 
school  building  shall  be  provided  by  the  school  directors  which  district 
must  first  procure  title  in  fee  simple  to  said  site. 

Notice   of   Funds;   Building   Plans,    Submission,    Changes,    Approval; 
Building  Contract. 

Sec.  4.  As  soon  as  the  treasurer  of  the  county  has  placed  the 
amount  to  the  credit, of  the  proper  district,  he  shall  notify  the  county 
superintendent  of  schools  and  the  school  directors  of  said  district  of  the 
amount  of  money  then  on  hand,  subject  to  be  withdrawn  for  the  pur- 
pose named  herein.  The  directors  shall  then  prepare  plans  and  specifi- 
cations for  building,  completing  or  furnishing  the  school  building  or 
school  buildings  of  the  district  and  submit  such  plans  and  specifications  to 
the  Superintendent  of  Public  Instruction  and  to  the  Attorney  General 
of  the  State  for  their  consideration  and  approval  and  said  Superintendent 
of  Public  Instruction  and  Attorney  General  shall  make  such  changes  in 
said  specifications  as  will,  in  their  judgment,  serve  the  best  interests  of  the 
district.  Upon  the  approval  of  the  plans  and  specifications  by  said 
Superintendent  of  Public  Instruction  and  Attorney  General,  it  shall  be 
the  duty  of  the  Board  of  School  Directors  acting  in  conjunction  with 
the  County  Superintendent  of  Schools  to  call  for  sealed  bids  for  the 
construction,  completion  or  furnishing  of  said  school  building  or  build- 
ings, allowing  at  least  thirty  days  for  filing  bids  with  adequate  notice  of 
the  date  and  place  of  opening.  At  the  time  and  place  specified,  the 
county  superintendent  and  the  board  of  school  directors  shall  open  said 
bids  and  award  the  contract  for  building,  completing,  or  furnishing  said 
school  house  or  school  houses  as,  in  their  judgment,  the  best  interests  of 
the  district  may  require.  And  it  shall  be  tKe  duty  of  said  county  super- 
intendent and  school  directors  to  require  a  sufficient  bond  of  the  con- 
tractor for  the  full  and  faithful  compliance  with  the  terms  of  the 
contract. 

Warrants,   Approval  anu   Pa]^ment;  Accounts;  Expenditures  Limited. 

Sec.  5.  The  Treasurer  of  the  County  shall  honor  and  pay  all 
warrants  drawn  by  the  board  of  school  directors  against  the  fund  placed 
to  the  credit  of  its  district ;  as  herein  provided,  only  when  such  warrants 
are  approved  by  the  county  superintendent  of  school  as  in  the  case  of 
warrants  drawn  by  school  directors  for  payment  of  the  current  expenses 
of  the  district.  It  shall  be  the  duty  of  the  county  superintendent  before 
approving  any  such  warrant  to  require  itemized  and  verified  bills  in 
duplicate,  one  of  which  shall  be  retained  by  the  county  superintendent 


OF    THE    STATE   OF    NEW    MEXICO  .  99 

and  the  other  shall  be  transmitted  with  the  warrant  drawn  in  payment 
thereof  to  the  county  treasurer  of  the  county  in  which  said  district  is 
located.  And  the  said  school  directors  shall  in  no  event  and  under  no 
pretext  contract  for  or  incur  obligations  on  such  account  beyond  the 
amount  of  money  available  in  the  county  treasury  for  such  purposes. 

Misuse  of  Funds  Is  Embezzlement;  Penally. 

Sec.  6.  Any  official,  into  whose  hands  any  of  the  money  or  funds 
herein  provided  for,  shall  come,  who  shall  use  any  portion  of  such 
money  or  funds,  for  any  purpose,  other  than  the  purpose  herem  specified 
and  provided  for,  shall  be  deemed  guilty  of  embezzlement,  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  more  than  One  1  housand 
Dollars  or  by  imprisonment  for  not  more  than  five  years,  or  both  and 
in  addition  thereto  shall  be  summarily  removed  from  office  by  the  Court 
imposing  sentence  and  shall  thereafter  be  ineligible  to  hold  any  office  of 
trust  or  profit  in  the  State. 

School  District  Shall  Repa})  Funds   to  State. 

Sec.  7.  Any  district,  receiving  money  or  funds  as  provided  for  in 
this  Act,  shall,  in  each  year  when  there  is  a  surplus  remaining  in  the 
district  fund  after  the  expenses  for  maintaining  a  five  months'  term  have 
been  paid,  pay  such  surplus  to  the  Treasurer  of  the  State  until  the 
amount  of  money  advanced  to  said  district  for  the  purpose  of  construct- 
ing, completing,  or  furnishing  any  school  house  or  houses,  shall  have 
been  refunded,  and  the  money  so  refunded  shall  be  by  the  Treasurer 
of  the  State  credited  to  the  fund  herein  created  and  may  be  paid  out  as 
other  moneys  of  such  fund. 

Repeal  Clause. 

Sec.  8.  All  Acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

Emergency;  Act  Effective  Upon  Passage  and  Approval. 

Sec.  9.  That  it  is  necessary  for  the  preservation  of  the  public 
peace  and  safety  of  the  inhabitants  of  the  State  of  New  Mexico  that 
the  provisions  of  this  act  shall  become  effective  at  the  earliest  possible 
time,  and  therefore  an  emergency  is  hereby  declared  to  exist,  and  this 
act  shall  take  effect  and  be  in  full  force  and  effect  from  and  after  its 
passage. 


100  COMPILATION    OF    THE   SCHOOL    LAWS 

CHAPTER  LXXVII. 

An  Act  to  Regulate  Canvassing  b^  Correspondence  Schools,  Busi- 
ness Colleges,  and  Commercial  Departments  of  Other  Schools  and  to 
Extend  the  Power  of  the  State  Board  of  Education  Over  Such  Schools. 
Amend.  S.  B.  No.   18;  Approved  March   15,   1913. 

Be  It  Enacted  fcp  the  Legislature  of  the  State  of  New  Mexico: 

Standard  of  Efficiency  of  Business  Colleges — Certificate. 

Section  1 .  That  the  State  Board  of  Education  be  and  the  same 
is  hereby  authorized  and  empowered  to  adopt  a  standard  of  efficiency 
for  business  colleges  and  commercial  departments  of  other  schools,  to 
issue  certificates  of  recognition  to  such  schools  as  meet  the  required 
standard  and  to  issue  permits  as  hereinafter  provided. 

Canvassing  fcp  Correspondence  Schools,  Etc. 

Sec.  2.  It  shall  be  unlawful  for  any  correspondence  school,  busi- 
ness college,  or  commercial  department  of  any  other  school,  its  agents  or 
representatives  to  canvass  prospective  students  in  the  State  of  New  Mex- 
ico for  the  purpose  of  selling  to  such  prospective  student  or  to  any  one 
for  the  use  of  such  prospective  student  any  scholarship  or  tuition  in  ad- 
vance in  such  school,  or  to  contract  in  advance  for  such  scholarship  or 
tuition  or  to  take  payment  for  the  same  money,  notes  or  other  evidence 
of  indebtedness  before  the  registration  in  good  faith  of  such  student  in 
such  school,  college,  or  commercial  department  without  the  school,  its 
agent  or  represeixtative  first  making  application  to  the  State  Board  of 
Education  as  hereinafter  provided,  and  receiving  from  such  state  board 
of  education  a  permit  granting  to  the  school  so  applying  the  right  to  can- 
vass and  sell  scholarships  and  to  receive  tuition  in  advance. 

Application  for  Permit  to  Canvass  for  Schools. 

Sec.  3.  The  application  to  the  State  Board  of  Education  by 
Section  2  of  this  act,  shall  set  forth  the  name  of  the  school  seeking 
such  permit,  its  location,  the  number  of  instructors  employed  in  such 
school,  the  course  or  courses  of  study  in  which  instruction  is  offered,  the 
subjects  included  in  each  course,  the  entrance  and  graduation  require- 
ments for  each  course,  and  in  addition  thereto  the  applicant  shall,  upon 
request  of  the  board,  furnish  such  other  information  as  may  be  required 
by  such  board.  The  application  shall  be  signed  by  some  authorized 
representative  of  the  school  and  shall  be  accompanied  by  such  fees  as 
may  be  required  by  the  State  Board  of  Education. 


OF    THE   STATE   OF  UlL^'   MEXICO''  '  '     '  ^  101 

Revocation  of  Permit. 
Sec.   4.      The  State  Board  of  Education  shall  have  authority  and 
power  to  revoke  any  permit  issued  by  it  at  its  discretion  and  for  cause 
satisfactory  to  the  Board. 

Violation,  Misdemeanor,  Penalty. 
Sec.    5.      Any  person  who  shall  violate  this  Act  shall  upon  convic- 
tion be  deemed  guilty  of  a  misdemeanor  and  shall  be  fined  in  a  sum  not 
to  exceed  $100.00  for  each  offense,  or  by  imprisonment  in  the  discretion 
of  the  court  trying  the  same. 

Canvassing  Legal  When  No  Advance  Fee  Is  Collected. 
Sec.    6.      Nothing  in  this  act  shall  be  construed  to  prevent  canvass- 
ing for  students  where  no  scholarship  is  sold  nor  fees  for  tuition  are  col- 
lected  in   advance   or   prevent   the   legitimate   advertising   of   any   such 
school. 


CHAPTER  LXXXVI. 

An  Act  Providing  for  the  Investment  of  the  Mone\)s  of  the  Board  of 
Trustees  of  the  Town  of  Las  Vegas  Administering  the  Las  Vegas 
Grant;  Amending  Section  V  of  Chapter  64,  Laws  of  1912,  and  Sec- 
tions 2,  3.  and  4  of  Chapter  103,  Laws  of  1909.  Amend.  H.  B. 
No.  51  ;  Approved  March  18,   1913. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  New  Mexico: 
Amendment  to  Laws  Relative  to  Las  Vegas  Grant. 

Section  1.  That  Section  1  of  Chapter  64,  Laws  of  1912  be 
and  the  same  is  hereby  amended  so  as  to  read  as  follows: 

"Section  1.     That  Section  2  of  Chapter  103  of  the  Laws  of  1909, 

entitled  **An  Act  to  amend  an  Act  to  provide  for  the  management  of 

the  Las  Vegas  Grant,  and  for  other  purposes,"  being  Chapter  47  of  the 

Laws  of  1903,  be  and  the  same  is  hereby  amended  to  read  as  follows: 

Trustees  of  Las  Vegas  to  Invest  Moneys  in  Bonds,  Etc. 

Sec.  2.  It  shall  be  the  duty  of  the  Board  of  Trustees  of  the  Town 
of  Las  Vegas  administering  the  Las  Vegas  Grant  to  invest  any  and  all 
moneys  now  in  its  hands  or  under  its  control,  or  which  may  hereafter  be 
received  by  said  board,  except  such  amount  as  the  District  Court  for 
San  Miguel  County,  New  Mexico,  may  from  time  to  time  deem  neces- 
sary to  be  held  to  pay  the  current  and  other  expenses  of  said  board,  as 
follows : 

(a)  In  interest-bearing  bonds  of  the  United  States,  or  of  the  State 
of  New  Mexico,  or  of  any  county,  municipality  or  political  subdivision 
thereof  authorized  by  law  to  issue  bonds. 


1.02  cbM'PILAKON     OF    THE    SCHOOL    LAWS 

(b)  In  first  mortgage  bonds  of  any  corporation,  organized  for  the 
purpose  of  acquiring,  constructing,  and  operating  a  storage  reservoir  at 
the  Sanguijuela  Arroyo  in  San  Miguel  County,  New  Mexico,  and  irri- 
gation works  in  connection  therewith  to  irrigate  lands  on  the  Las  Vegas 
Grant,  secured  by  first  mortgage  on  such  reservoir  and  irrigation  works, 
and  all  lands  belonging  to  the  Las  Vegas  Grant  coming  under  the  said 
irrigation  system  and  irrigable  therefrom  and  which  bonds  shall  bear 
interest  at  the  rate  of  not  less  than  six  per  centum  per  annum;  or  in  a 
loan  or  loans  to  such  a  corporation  or  to  any  person,  firm  or  corporation 
contracting  to  acquire,  construct  or  operate  such  reservoir,  water  rights 
pertaining  thereto,  and  irrigation  works,  such  loan  or  loans  to  be  secured 
by  first  mortgage  on  said  reservoir  and  water  rights  pertaining  thereto, 
and  irrigation  works,  and  all  lands  belonging  to  the  Las  Vegas  Grant 
coming  under  the  said  irrigation  system  and  irrigable  therefrom,  or  by  a 
contract  which  will  assure  the  repayment  of  said  moneys,  with  interest 
at  the  rate  of  not  less  than  six  per  centum  per  annum.  Provided,  That 
all  bonds  purchased  under  the  provisions  of  this  Act  shall  be  first  mort- 
gage bonds,  and  that  no  bonds  or  securities  shall  be  purchased  or  loans 
made  out  of  such  moneys  without  the  approval  of  said  court. 

lMone}^s  Invested  Shall  Constitute  a  School  Fund.] 
Said  moneys  when  so  invested  shall  constitute  a  permanent  school 
fund  for  the  purposes  hereinafter  stated,  the  principal  of  which  shall 
under  no  circumstances  be  lessened  or  impaired  and  shall  remain  invio- 
late. Such  moneys  may  be  temporarily  deposited  in  some  bank  or 
banks,  designed  by  said  court  and  said  Board  of  Trustees,  upon  certi- 
ficates of  deposit  bearing  interest  at  the  rate  of  not  less  than  four  per 
centum  per  annum." 

Custodian  of  Bonds;  Collection — Re- Investment. 

Sec.  2.  That  Section  3  of  said  Chapter  103,  Laws  of  1909,  be 
and  hereby  is  amended  so  as  to  read  as  follows: 

* 'Section  3.  The  bonds  and  securities  in  which  said  funds  are  from 
time  to  time  invested  shall  be  forthwith  deposited  with  the  treasurer  of 
San  Miguel  County,  New  Mexico;  and  it  is  hereby  made  the  duty  of 
said  treasurer  to  receive  and  have  the  custody  of  such  bonds  and  securi- 
ties, to  collect  and  pay  the  same  over  to  the  treasurer  of  said  board  of 
trustees,  the  principal  thereof,  at  maturity,  to  be  reinvested  and  forth- 
with to  pay  the  same  over  to  the  treasurer  of  the  Board  of  Trustees  of 
the  town  of  Las  Vegas  administering  the  Las  Vegas  Grant  to  be  by 
said  board  reinvested  in  other  bonds  or  securities  chosen  and  approved 
by  said  board  and  court;  and  it  shall  also  be  the  duty  of  the  said  treas- 
urer of  said  county  to  collect  the  interest  on  all  such  bonds  and  securi- 


OF    THE    STATE    OF    NEW    MEXICO  103 

ties  and  to  place  the  same  or  such  portion  thereof  as  may  be  determined 
by  such  board  and  court  as  hereinafter  provided,  to  the  credit  of  the 
several  school  districts  within  the  Las  Vegas  Grant  '  \)roportion  to  the 
number  of  children  of  school  age  w^ithin  said  districts  respectively." 

Apportionment  of  Funds  Among  Schools — Duty  of  County  Superin- 
tendent. 

Sec.  3.  That  Section  4  of  said  Chapter  103,  Laws  of  1909  be 
and  it  hereby  is  amended  so  as  to  read  as  follows: 

"Sec.  4.  It  is  hereby  made  the  duty  of  the  superintendent  of  schools 
for  said  San  Miguel  County,  on  or  before  the  tenth  day  of  January  of 
each  year,  to  certify  to  said  county  treasurer  the  number  of  children  of 
school  age  residing  in  each  of  the  school  districts  within  the  Las  Vegas 
Grant,  and  said  treasurer  shall  thereupon  place  to  the  credit  of  each  of 
said  school  districts  the  amount  to  which  it  may  be  entitled  under  said 
apportionment,  to  be  drawn  out  and  expended  as  other  moneys  of  said 
school  district. 

Until  such  time  as  the  industrial  manual  training  school  hereinafter 
mentioned  shall  be  established,  the  whole  of  the  interest  derived  from 
said  permanent  fund  shall  be  so  distributed  among  said  school  districts 
within  the  Las  Vegas  Grant. 

[Interest  Fund  May  Be  Applied  to  Manual  Training  School.] 

If  at  any  time  said  district  court  and  said  board  of  trustees  shall  deem 
it  expedient  they  may  apply  not  to  exceed  three-fourths  of  the  interest 
derived  from  said  permanent  fund  to  the  maintenance  of  an  industrial 
manual  training  school  for  boys  and  girls,  to  be  located  at  the  town  of 
Las  Vegas,  New  Mexico,  the  balance  of  said  interest  to  be  distributed 
among  said  school  districts  within  the  Las  Vegas  Grant  as  above  pro- 
vided; and  it  shall  be  the  duty  of  the  said  county  treasurer  to  pay  out 
such  portion  of  said  interest  as  may  be  so  applied  to  the  maintenance  of 
said  industrial  manual  training  school  upon  such  vouchers  as  said  dis- 
trict court  and  said  board  of  trustees  may  prescribe.  Said  county  treas- 
urer shall  be  liable  on  his  official  bond  for  the  faithful  performance  of 
such  duties  and  shall  receive  no  additional  compensation  therefor.'* 

Repeal  Clause. 

Sec.  4.  That  all  Acts  and  parts  of  Acts  in  conflict  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 


Additional  Laws  for  Reference 


(NOTE, — The  following  laws  appeared  in  the  1909  Compilation  of 
School  I>aws,  in  full,  but  as  there  is  nothing  contained  in  them  of 
immediate  interest  or  of  necessary  information  to  School  Boards  and 
others,  the  subjects  of  sections  with  number  of  section  only  is  given.) 


BONDS  AND   WARRANTS— (COMPILED   LAWS    1897). 

CONTENTS. 
Sec.   285.      Determination  of  indebtedness,  other  than  bonded. 
Sec.   286.      Claimants  feeling  aggrieved,  may  appeal  to  district  court. 
Sec.   287.      Filing  of  statement  and  bond  necessary  for  appeal. 
Sec.    288.      Other  steps  required  of  claimant. 
Sec.   289.      District  Attorney  to  represent  County  Commissioners  and 

other  bodies  or  boards  not  provided  with  counsel. 
Sec.   290.      Issue  of  claimant  bonds  in  lieu  of  execution. 
Sec.   291.      Persons  proving  claims  entitled  to  coupon  bonds  therefor. 
Sec.   292.      Bonds  to  bear  6  per  cent  interest  from  date  of  issue. 
Sec.   293.      Form  of  bonds  and  coupons,  how  signed  and  attested. 
Sec.   294.      How  bonds  are  registered  and  recorded. 
Sec.    295.      County  Commissioners  to  levy  tax  to  pay  annual  interest. 
Sec.   296.      County  Commissioners  to  levy  tax  for  sinking  fund. 
Sec.    297.      Funds  remaining  after  payment  of  bonded  indebtedness  to 

be  transferred  to  respective  expense  funds. 
Sec.   298.      Payment  of  bonds  and  interest  when  due. 
Sec.   299.      Unlawful   to  contract  debts  which  cannot  be  paid   from 

money  actually  collected  during  that  year. 
Sec.    300.      Reduction  of  fees  and  salaries  of  officers. 
Sec.    301.      Officers  and  creditors  to  be  paid  pro  rata. 
Sec.    302.      Void  indebtedness  of  Sec.  299  to  remain  valid. 
Sec.    303.      Payment  of  claimants. 
Sec.    304.      Current  year  to  begin  January  first,  except  that  of  boards 

of  education,  which  shall  begin  September  first. 
Sec.   305.      Funds  for  next  current  year  and  for  current  year. 
Sec.    306.      No   bonds   to   be   issued   after   first   Monday   in   August, 

1897,  except  in  case  of  appeal  and  judgment  rendered. 


OF    THE    STATE    OF    NEW    MEXICO  105 

FUNDING  ACT.  1893— (COMPILED  LAWS  1897.) 

CONTENTS. 

Sec.  319.  Holders  of  warrants  issued  by  County  School  Superin- 
tendents prior  to  Feb.  26,  1891,  may  bring  suit  to  ad- 
just and  determine  the  same. 

Sec.    320.      Warrant  holders  may  unite  as  plaintiffs  in  suit. 

Sec.    32 1 .      How  county  shall  be  described  in  suit,  and  process  served. 

Sec.    322.      Proceeding  to  be  same  as  ordinary  chancery  cases. 

Sec.  323.  Issue  of  bonds  to  satisfy  warrant  holders  obtaining  judg- 
ment.    Form  of  bond. 

Sec.    324.      Costs  of  suit.     Complainant  losing  suit  to  pay  all  costs. 

SCHOOL  INDEBTEDNESS  —  (COMPILED  LAWS  1897). 

CONTENTS. 
Sec.    379.      School  directors  authorized  to  issue  bonds. 
Sec.    380.      County  Commissioners  to  levy  tax  for  payment  of  interest. 
Sec.    38 1 .      School  directors  to  notify  county  commissioners  of  bond 

issue. 
Sec.   382.      School  directors  shall  not  incur  indebtedness  in  excess  of 

amount  allowed  by  law. 
(See  also  Sections  332-338,  340-348,  366-376,  384-388,  397- 
398,  Compiled  Laws  of  1897;  Chap.  58,  Laws  1899,  Chap.  41   and 
Chap.  44,  Laws  of  1901,  and  Chap.  95,  Laws  1903.) 


WARRANTS— (COMPILED  LAWS   1897). 

CONTENTS. 
Sec.    399.      County  warrants,   drafts,  checks  or  orders,   if  lost  or  de- 
stroyed, may  be  duplicated. 
Sec.   400.      Claimants  must  prove  loss  or  destruction  and  file  bond. 
Sec.   401.      Territorial  treasurer  to  present  to  the  Governor  and  Audi- 
tor all  warrants  paid  by  his  office. 
Sec.    402.      Treasurer  lo  burn   all  warrants  in  presence   of  Governor 
and  Auditor. 
Annual  presentation  of  paid  warrants  by  treasurer. 
Quarterly  call  of  warrants   for  payment. 
County  officers  not  to   speculate   on   county  or   territorial 

indebtedness. 
Town  or  city  officials  not  to  speculate  on  indebtedness. 
Penalty  for  violating  provisions  of  Sections  405  and  406. 
In  case  of  conviction,  office  declared  vacant. 
Charge  of  grand  juries  regarding  this  act. 


Sec. 

403. 

Sec. 

404. 

Sec. 

405. 

Sec. 

406. 

Sec. 

407. 

Sec. 

408. 

Sec. 

410. 

106  COMPILATION    OF    THE    SCHOOL    LAWS 

MATURED  INDEBTEDNESS— (CHAP.  LVIII,  LAWS 

1899). 

CONTENTS. 
Sec.    1 3.      County,  city,  and  town  matured  indebtedness. 
Sec.   26.      Issuing  bonds  by  school  districts  or  boards  of  education. 


An  Act  to  Provide  for  the  Refunding  of  Bonds  Issued  tp  Cities  or 
ToTvns  for  School  Purposes,  or  to  Furnish  School  Houses,  and  to 
Validate  Such  Bonds.      (Chap.  CIII,  Laws   1901.; 

CONTENTS. 

Sec.    1 .      Bonds  issued  for  school  purposes  validated  and  legalized. 

Sec.   2.      Cities  and  towns  may  refund  outstanding  bonds. 

Sec.    3.      Manner  of  issuing  such  refunding  bonds. 


An  Act  to  Validate  and  Legalize  Indebtedness  Heretofore  Incurred  fey 
Boards  of  Education  and  Boards  of  School  Directors  in  Excess  of 
the  Current  Income  of  Such  Boards,  and  to  Authorize  the  Issue  of 
Bonds  to  Pay  Such  Indebtedness.     (Chap.  LXXIV,  LaTvs  1905.; 

CONTENTS. 
Sec.    1 .      Debts  contracted  by  school  boards  made  binding. 
Sec.    2.      School  boards  issue  bends  covering  indebtedness. 
Sec.    3.      Denomination  of  bonds.      Rate  of  interest.      Maturity,  how 

signed. 
Sec.   4.      County  commissioners  to  levy  tax  to  pay  interest  on  bonds. 
Redemption. 


CERTAIN  FINES— (COMPILED  LAWS   1897). 
(The  fines  for  these  and  other  offenses  when  collected  under  general 

laws,  shall  be  turned  into  the  state  current  school  fund.) 

CONTENTS. 

Sec.      1  28.      Turning  cattle  loose  on  range  occupied  by  another. 

Sec.      1 29.      Violation    of   provisions    of   preceding    section    a    misde- 
meanor.    Fine  applied  to  the  School  Fund. 

Sec.       I  30.      Each  days'  violation  of  Section    1 28,   a   separate  cause 
of  action. 

Sec.       138.      Estray  animals;  sale  of. 

Sec.       I  76.      Estray  animals  at  round-ups  to  be  advertised  and  sold, 
money  going  to  the  School  Fund. 

Sec.    1  1  03.      Burning  at  night  of  school,  church  or  other  buildings. 

Sec.    1  1  04.      Burning  in  the  day-time  of  school,  church  or  other  build- 
ings. 


OF    THE    STATE    OF    NEW    MEXICO  107 

113.  Larceny  from  said  buildings.      Penalty  for. 

125.  Embezzlement. 

1  26.  Punishment  for  embezzlers. 

263.  Unlawful  to  maintain  opium  or  hop  joint. 

264.  Penalty  for  violating  preceding  section. 

265.  Half  of  opium  joint  fines  to  go  to  the  school  fund. 

268.  Saloon  keepers  allowing  minors  to  play  games  on  prem- 

ises liable  to  fine. 

269.  Half   of    fines    imposed   by   preceding   section   to    go    to 

school  fund. 

272.  Illegal  to  sell,  use,  give  or  drink  liquor  on  election  day. 

273.  Half  of  fine  for  violating  provisions  of  preceding  section 

to  go  to  school  fund. 

274.  Enclosures  on  public  land  illegal. 

296.  Enclosures  to  have  gates  at  all  crossings  of  public  roads 

and  trails. 

297.  Damages  to  enclosures  by  animals. 

298.  Penalty   for  occupying  public   land   under   pretext   of   a 

deed. 

368.  Sunday   sports,   public   meetings   and   exhibitions,    except 

for  religious  worship,  prohibited. 

369.  Fines  for  infraction  of  Sunday  law  to  go  to  school  fund. 

370.  Certain  labors  permissible  on  Sunday. 
372.      Definition  of  Sunday. 

374.      Attorney   General    and    District   Attorneys    to   prosecute 
Sabbath  breakers. 

377.  Persons  carrying  deadly  weapons  in  settlements,   except 

by  legal  authority,  liable  to  fine  and  imprisonment. 

378.  Persons  drawing  deadly  weapons  on  others. 

379.  Assaulting  with  deadly  weapons. 

380.  Drawing,   flourishing  or  discharging  fire   arms  in  public 

places. 

38 1 .  Armed  persons  insulting  or  assaulting  others. 

383.  Meaning  of  deadly  weapons. 

384.  Travelers  may  carry  arms  for  personal  protection. 

386.      Hotel,   saloon   and  dance  hall   keepers  to  conspicuously 

post  this  law  in  English  and  Spanish. 
389.      Fines  collected  under  this  act  to  go  to  county  school  fund. 
825.      Illegal  to  use  private  roads  and  open  fences. 


108  COMPILATION    OF    THE    SCHOOL    LAWS 

Sec.    1826.      Persons  opening  gate  for  passage  over  private  property, 

not  closing,  liable  for  all  damages. 
Sec.    1827.      Failure  to  close  gate  also  misdemeanor. 

(See  also  Sections  299,  407,  768,  769.  771,  791,  1764,   1867, 
251  1,  2679,  and  Sec.  2,  Chap.  96,  Laws   1907.) 


LICENSES— (COMPILED  LAWS    1897). 

CONTENTS. 
Sec.   4125.      License  to  be  issued  for  what  period. 
Sec.   4141.      Occupation    tax    imposed. 
First — Peddler's  license. 

Second — Dealers  in  merchandise  not  exceeding  $10,000. 
Third— Dealers  in  merchandise  $1  0,000-$20,000. 
Fourth— Dealers  in  merchandise  $20,000-$50,000. 
Fifth— Dealers  in  merchandise  $50,000-$75,000. 
Sixth— Dealers  in  merchandise  $75,000-$!  00,000. 
Seventh — Dealers  in  merchandise  over  $100,000. 
Real  estate  agents. 
Insurance   agents. 

Hotels  or  inns,  livery  stable  keepers  and  stage  lines. 
Pawnbrokers. 
Places   of   amusement. 
How  applications  for  license  to  be  made. 
Licenses  payable  in  advance. 
Penalty  for  violation  of  provisions  of  act. 
Laws  regarding  liquor  and  gaming  licenses  not  affected 

by  this  act. 
Nickel-in-the-slot  machines  to  be  licensed. 
Penalty  for  failure  to  comply  with  requirements  of  this 
act. 


Sec. 

4142. 

Sec. 

4143. 

Sec. 

4144. 

Sec. 

5145. 

Sec. 

4146. 

Sec. 

4147. 

Sec. 

4148. 

Sec. 

4149. 

Sec; 

4150. 

Sec. 

4152. 

Sec. 

4153. 

STATE  EDUCATIONAL  INSTITUTIONS. 

See  Sections  1  1-13,  Article  XII  of  the  Constitution;  also  Compiled 
Laws  of  1897,  Sections  3550-3693;  also  Chap.  98,  L.  1901,  Chap. 
89,  L.  1901,  Chap.  90,  L.  1901,  Chap.  2,  L.  1903,  Chap.  6,  L. 
1903,  Chap.  1 19,  L.  1903,  Chap.  18,  L.  1899,  Chap.  65,  L.  1901, 
Chap.  63,  L.  1901,  Chap.  42,  L.  1899,  Chap.  97,  L.  1907. 


OF    THE    STATE    OF    NEW    MEXICO  109 

GUARDIANS,   WARDS,   ORPHANS,    POOR   CHILDREN. 
APPRENTICESHIP— (COMPILED  LAWS   1897. 

CONTENTS. 

Sec.    1437.      Father  and  mother  as  guardians. 

Sec.    1447.      Education  of  ward. 

Sec.    1465.      Custody  of  children's  person,  education  and  estate. 

Sec.    1471.      Guardians  to  make  annual  settlements  with  probate  court. 

Sec.    1472.      Justices  of  peace  to  report  orphan  children. 

Sec.  1473.  Person  to  whom  child  is  apprenticed  to  give  bond  to 
properly  clothe,  treat  and  instruct  child. 

Sec.    1479.      Probate  court  to  examine  into  condition  of  orphans. 

Sec.  1481.  Guardians  to  choose  masters  for  apprentices  under  ten 
years  of  age. 

Sec.  1 482.  Probate  court  to  apprentice  children  of  parents  unable 
or  neglecting  to  support  and  educate  them. 

Sec.    1483.      Parents  may  apprentice  minor  children. 

Sec.  1  484.  Provisions  for  education  of  children  apprenticed  by  par- 
ents. 

Sec.  1485.  Probate  court  to  hear  and  determine  complaints  of  ap- 
prentices. 

Sec.    1  496.      Adoption  of  children  by  adult  persons  or  by  institutions. 


110 


COMPILATION    OF    THE    SCHOOL    LAWS 


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OF    THE    STATE    OF    NEW    MEXICO 


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COMPILATION    OF    THE    SCHOOL    LAWS 
TEACHEK'S  MONTHLY  REPORT. 


School 

District  No County,  N.  M. 

Month    Commencing    

Month    Ending 

Enrollment. 


Male 


Female 


Total 


Total  Days  Attended. 


Male 


Female 


Total 


No.   of  Days  Taught 
(Usually  20) 


Average  Daily  Attendance. 


Male 


Female 


Total 


Note. — To  find  average  daily  attendance  divide  No.  of  days  attended 
by   No.    of   days   taught. 

No.    Recitations    Daily     


No.   Not   Tardy 


No.  Neither  Absent  Nor   Tardy    

Names  of  Pupils  of  Compulsory  School  Age  who  were  absent  during 
month  and  reason  for  absence: 


Name 


Days  Abst.  | 


Excuse 


N.  B, — At  the  end  of  the  first  month,  the  teacher  should  send  in 
with  this  report  a  list  of  all  children  enrolled,  giving  full  name  and 
age  of  each  and  the  name  of  the  parent  or  guardian  of  each. 


Teacher 

Filed   in   m.y  office 


P.    O. 


County    Superitnendent 


OF    THE   STATE    OF    NEW    MEXICO 


115 


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COMPILATION    OF    THE    SCHOOL    LAWS 


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OF    THE    STATE    OF    NEW    MEXICO 


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1  ]  8  COMPILATION    OF    THE    SCHOOL    LAWS 

NOTICE  OF  FUNDS. 


New  Mexico,    ,   19 


School  District  No 

You  are  hereby  notified  that  your  district  has  to  its  credit  $ 

Any  further   information   I   may   render  you   will   be   given   cheerfully. 
I  am,  Very  truly, 


County   Superintendent. 


LEVY  NOTICE. 


To  the  Honorable  Board  of  County  Commissioners: 
Gentlemen: 

You  are  hereby  notified  that  School  District  No 

County  of    requires   $ 

for  the  coming  school  year,   for  which  we   request  that  you   make  thf-; 

necessary  levy. 


Directors. 


Certificate    of    Appolnr- 
ment. 


Appointed    as    Direcv 
tor     in     School     District 

No ,    To    serve 

from     19.  .  . 

Until    ,    19.  .  . 

County    Superintendent. 


CERTIFICATE    OF    APPOINTMENT. 

Whereas,  a  vacancy  exists  in  the  office  of 

School  Director  of  School  District  No 

of    County,  New  Mexico. 

Therefore,    is 

hereby  appointed,  in  accordance  with  the 
laws  of  the  State  of  New  Mexico,  to  serve  as 
a  director  of  said  District  until  the   1st  day 

of  May,  19 

N.   M ,    19.  . 

County  Superitnendent. 


OF    THE    STATE    OF    NEW    MEXICO  119 

TEACHER'S    CONTRACT. 


THIS  AGREEMENT,  made  and  entered  into  this     

day   of    ,   A.   D.   19 .  .  .  .,   by  and  between  School 

District  Number    of  the   County  of    

and    State    of     New     Mexico,     hereinafter     called     the     District,    and 

.hereinafter    called    the    Teacher, 

WITNESSETH,  That  the  said  District,  through  its  duly  qualified  Board 
of   Directors,    has    engaged    the    services    of   the    said    teacher,    for    the 

term   of    school  months,  commencing  on  the    day 

of    ,  A.   D.   19 .  .  .  .,   under  the  following  terms. 

conditions,   restrictions  and  stipulations,  to-wit: 

1.  Said    Teacher    covenants    and    agrees     with     said     District     that 

is   the   rightful   holder   of   a Grade 

Certificate,  valid  in  said  county,  and  is  in  all  respects  a  legally 
qualified  teacher  under  the  laws  governing  the  qualification  of 
teachers  in  the  public  schools  of  New  Mexico,  and  that  said  Teacher 
is  a  person  of  good  moral  character. 

2.  Said  Teacher  agrees  to  instruct,   direct  and  manage,   to  the   best 

of    ability,  the    

public  school  of  said  District,  during  the  term  aforesaid;  to  keep  all 
records  required  by  law,  and  to  furnish  such  information  concerning 
said  school,  or  in  its  interests,  as  may  be  desired  by  the  Board  of 
Directors  of  sa^d  District,  or  by  the  County  Superintendent  of  Schools 
of  said  county;  to  see  to  the  protection  and  preservation  of  such 
ot  the  property  of  said  District  as  may  come  under  the  immediate 
supervision  of  said  Teacher;  and  otherwise  to  do  and  perform  all  acts 
and  things  required  or  contemplated  by  the  laws  of  New  Mexico  to 
to  be   done  or  performed   by  teachers  in  the  public  schools. 

3.  Said  district  agrees  to  make  the  necessary  repairs  in  its  school 
house;  to  provide  for  heating  the  same;  to  furnish  all  requisite  record 
books  and  to   pay  the   said  Teacher   for  said   services,   duly  and   truly 

performed,   the  sum   of    dollars    ($ ) 

per  school  month,  payable  at  the  end  of  each  month,  during  the  life 
of  this  cont>ract. 

4.  It  is  understood  and  agreed  that  in  the  event  the  funds  of  said 
District,  at  any  time  during  the  term  aforesaid,  shall  be  found  in- 
sufficient to  pay  the  salary  of  said  Teacher  as  aforesaid,  then  the 
Board  of  Directors  of  said  District  shall  have,  and  hereby  reserves, 
the  right  to  close  said  school  and  terminate  this  contract  on  two  weeks 
notice  to  said  Teacher;  whereupon  all  liability  of  said  District  under 
this   contract  shall  immediately  cease. 

5.  It  is  further  agreed  that  if  said  Teacher  shall  I'e  legally  dis- 
missed  from  the  service  of  said  District;   or,  if  the  certificate  of  said 


120  COMPILATION    OF    THE    SCHOOL    LA\!^S 

Teacher  shall  be  legally  annulled,  this  contract  shall  at  once  termi- 
nate, and  all  liability  of  said  District  hereunder  shall  immediately 
cease. 

6.  It  is  further  agreed  that  said  Teacher  shall  be  entitled  to  full 
pay  for  a  period  not  to  exceed  one  month  during  which  the  school 
may  be  closed  by  said  Board  of  Directors,  on  account  of  loss  by  fire, 
danger  from  contagious  disease,  or  other  similar  cause;  and  it  is 
further  agreed  that  no  deduction  of  salary  shall  be  made  by  reason 
of  the  absence  of  said  Teacher  from  active  school  duties  on  legal 
holidays,  provided  said  Teacher  shall  have  arranged  beforehand  a 
program  of  exercises  by  the  pupils  appropriate  for  the  occasion  for 
the  preceding  day. 

7.  It  is  further  agreed  that  the  last  payment  of  salary  under  this 
contract  shall  not  be  made  until  the  reports  and  information  required 
t-  be  made  and  given  by  said  Teacher  shall  have  been  properly  made 
and  given. 

8.  It  is  further  agreed  that  the  school  day  shall  consist  of  two 
sessions  of  three  hours  each,  with  fifteen  minutes  intermission  dur- 
ing each  session,  the  time  of  .holding  said  sessions  to  be  determined 
ty,  or  with  the  approval  of,  the  Board  of  Directors  of  said  District. 

IN  WITNESS  WHEREOF,  the  Directors  of  said  District,  and  said 
Teacher,  have  hereunto  set  their  hands,  and  the  Superintendent  of 
Schools  of  said  County  has  hereunto  affixed  his  signature  in  ap- 
proval hereof,  all  on  the  day  and  year  first  above  written.  Executed 
ir>  triplicate. 


Chairman. 

Clerk. 

Board 

of 

Directors. 

Teacher. 
Approved: 


County  Superintendent  of  Schools. 


NOTICE — This  contract  is  to  made  in  triplicate;  one  to  be  given  to 
the  Teacher,  another  to  be  kept  in  the  office  of  the  County  Superin- 
tendent, and  the  other  for  the  Board  of  Directors.  Boards  of  Direc- 
tors and  other  officials  are  forbidden  to  cause  money  to  be  paid  for 
services  of  teachers  who  are  not  certified  as  provided  by  law.  This 
contract  is  not  valid  unless  signed  by  at  least  two  of  the  School 
Directors,  and  the  Teacher,  and  approved  by  the  County  Superin- 
tendent. 

(NOTE — Any  special  clause  or  agreement,  not  contrary  to  law, 
which  may  be  agreed  upon  by  the  contracting  parties,  may  be  inserted 
in  the   contract.) 


OF    THE    STATE    OF    NEW    MEXICO  121 

Filing: 

TEACHER'S   CONTRACT. 


Between  School   District  No County. 

New    Mexico,    and     

Date     19 

Term Months. 

Filed  in  the  office  of  the  superintendent  of  Schools  of  said  County, 
this day  of ,  A.  D.  19 .  .  .  . 


Supt.  of  Schools. 


PERMIT  FORM. 

Form   B.  

To  Whom  It  May  Concern: 

By  virtue  of  the  power  vested  in  me  by  Section  V,  Chapter  XCVII, 

Session  Laws  of   1907,   I,    

County   Superintendent    of    County, 

hereby  issue   to New   Mexico,   thia 

permit  to  teach  in  any  of  the  Public  Schools  of 

County,  from  this  date  until  the  day  of  the  next  examination  of  teach- 
ers  in   said   county. 

Given  at ,  New  Mexico ,  19.... 


Co.  Supt.  Schools County. 


SOHOOIi  WARRANT. 


Warrant    Record    Page      Warrant  Record  Page ....     Warrant  No. .  .  . 

STATE  OF  NEW  MEXICO, 

County. 

School  District  No 

Warrant  No j^    j^ ^    191.. 

School   District  No ^^^  ^^^^^  «^^^^  °^    ' ^  ••  •  ' 

Dollars 

Date    19.  .  .       out  of  the  funds  of  this  School  District,  not 

otherwise    appropriated,    being    the    amount 

Amount,    $ allowed     

for     

For    


Chairman  Board  of  Directors. 


Secretary  Board  of  Directors. 
Received       above       de-  Approved   for   payment 191.. 


scribed    Warrant 


County  School  Superintendent. 
To  the 

Treasurer   of County 

New  Mexico. 


122  COMPILATION    OF    THE    SCHOOL    LAWS 

NOTICE   OI^  ELKCIION   FOR   DIRECTORS. 


Notice  is  hereby  given  to  the  voters  of  School  District  No , 

County  of    ,  New  Mexico,  that  an  election  will  be 

held  the  first  Monday  in  April,   19....,  at    

for  the  purpose   of  choosing school   director 

according  to  law.     The  election  will  be  held  by  the  present  directors 


Commencing-    at 

8  a.  m.,  and  closing  at  5  p.  m. 


School  Directors. 


BALLOT  SCHOOL  ELECTION. 


District    No ,     County. 

For  School  Directors,  I  vote  for 


for  a  term   of    years 

for  a  term   of    years 

for   a   term    of    years 


CERTIFICATE   OF   ELECTION   OF  APRIL    19. 


Dist.  No ,  County  of 

We,  the  undersigned,  directors  and  judges  of  the  election,  hereby 
certify  that  the  election  was  held  according  to  law,  and  that  the  fol- 
lowing men  were  elected  as  directors: 


Name.  Postoffice. 


For  3  years.  No.  votes, 
For  2  years,  No.  votes. 
For   1   year.     No.  votes. 


Signed: 

Chairman     .... 

Clerk     

.  Other    member 


Make  other  explanations  here. 


OF    THE    STATE    OF    NEW    MEXICO 


123 


OATH  OF  SCHOOL   DIRECTORS. 

State    of    New    Mexico,    |  g^ 
County    of    f 

I,    ,   having  been   duly    .  .  . '. 

Director  in  and  for School  District  No , 

County,  New  Mexico,  do  solemnly  swear  that 

I  will  support  the  Constitution  and  the  Laws  of  the  United  States  and 
the  Laws  of  the  State  of  New  Mexico;  that  I  am  not  the  holder  of  any 
public  moneys  due  to  this  State;  or  any  county  thereof,  which  is  un- 
accounted for,  and  that  I  will  faithfully  discharge  the  duties  of  the 
said  office  of  School  Director,  to  the  best  of  my  ability,  so  help  me 
God. 


Subscribed  and  sworn  to  before  me  this 
of    ,    19 


day 


COUNTY   TEACHER'S   PERMIT. 


Form    A. 

Permit  No 

Whereas,  there  has  been  presented  to  me, 
a    petition    from    the    School    Directors     of 

School  District  No ,  requesting  that 

such  a  permit  be  granted;   and. 

Whereas,    credentials   as  to 

ability  and  experience  in  teaching  have  been 
shown    and    are    deemed    sufficient    to    meet 
Granted    to    thg  requirements  of  the  law;   and 


19... 

County 

Teacher's    Permit   No .  . 


of 

New    Mexico,    to    teach 
in    School    District    No. 


County    Superintendent 
of  Schools. 


Whereas,  applicant  has  filed  health  certi- 
ficate and  has  accounted  for  institute  at- 
tendance in  accordance  with  law. 

Therefore,  I,    Superintendent 

of  Schools  of County,  New 

Mexico,    and   by   authority  vested   in   me   as 

such,  do  now  grant  to    

this  permit  to  teach  in  the  public  schools  of 

County,  New  Mexico,  from 

this  the day  of , 

19.  .  .,  until  the  next  regular  examination  of 
teachers  in  this  county 


County  Superintendent  of  Schools. 


124 


COMPILATION    OF    THE    SCHOOL    LAWS 
ENUMERATION   IX)RM. 


(Form  should  be  large  enough  to  carry  thirty  or  more  names.) 
Enumeration    of   persons   between   the   ages   of  five   and   twenty-one 

years,  residing  in  School  District  No ,    

County,  New  Mexico. 

Note. — This  report  must  be  signed  by  all  the  District  Directors  and 
filed  with  the  County  Superintendent  before  the  loth  of  September  in 
each  year. 

NAMES. 


Male. 


Age.    !| 


Female. 


Age. 


(Note. — In  the  foregoing  list  indicate  what  children  are  of  English- 
speaking  parentage,  Spanish-speaking  parentage,  Indian  parentage,  or 
Negro  parentage.  Indicate  also  what  children  are  deaf  and  dumb, 
what  children  are  blind,  and  what  children  are  feeble-minded.) 

RECAPITULATION. 

Number  of  persons:     Male ;   Female ;   Total 

We  hereby  certify  the  above  to  be  a  correct  list  of  the  persons  of 

school  age  in  District  No ,    County, 

New  Mexico,  taken  on  or  before  the  first  day  of  September,  19.  .  .  . 


Directors. 


19 


OF    THE    STATE    OF    NEW    MEXICO  125 

NOTICE   TO   POIilj  TAX  PAYERS. 


Poll  Tax  for  19.  .  .  . 
School    District   No County   of   New   Mexico. 

Below  is  a  list  of  persons  liable  for  the  payment  of  a  poll  tax  in 

School    District    No County,    New 

Mexico.  All  able-bodied  men  over  the  age  of  twenty-one  shall  pay 
a  poll  tax  of  one  dollar  in  the  school  district  in  which  they  live.  The 
law  makes  no  limit  to  age  over  21. 

Every  cent  of  poll  tax  collected  here  is  placed  to  the  credit  of  this 
school  district;  therefore,  any  attempt  to  avoid  payment  of  same  is 
an  attempt  to  defraud  the  school  children  of  this  district  of  their 
just  dues.  However,  it  is  our  intention  to  see  that  every  poll  tax 
is  collected  this  year.  Poll  tax  should  be  collected  before  the  first 
Monday  in  April,  but  can  be  collected  any  day  in  the  year,  should  it 
for  some  reason,  not  have  been  collected  at  the  proper  time.  The 
clerk  of  the  school  board  is  the  proper  one  to  collect  the  poll  tax  and 
give  receipt  for  same.  He  may  go  from  house  to  house  and  collect 
if  ,he  wishes,  but  the  law  does  not  require  him  to  do  this — each  man 
should,  if  necessary,  carry  or  send  his  poll  tax  to  the  clerk. 

The  law  requires  the  clerk,  on  or  before  the  first  Monday  of  April, 

to  deliver  to  the  County  Treasurer 

One  Dollar  for  each  of  the  names  below,  unless  some  have  not  paid, 
then  he  is  to  make  a  certified  statement  to  the  County  Superintend- 
ent, griving  the  names  of  those  who  are  delinquent  and  reason  for  said 
delinquency.  He  (the  clerk)  is  also  to  deliver  the  names  of  these 
delinquents  to  the  Justice  of  the  Peace  for  collection,  and  when  this 
is  done,  a  fine  is  always  attached.  If  some  have  failed  to  pay  their 
poll  tax  for  the  past  two  or  three  years,  it  should  be  paid  at  this  time. 
"No  property  shall  be  exempt  from  execution  in  suits  for  the  collec- 
tion of  poll  taxes." — Sec.   1549,   C.   L.   1897. 

Persons  who  moved  into  the  district  after  the  posting  of  this  notice, 
but  have  not  paid  their  poll  tax  for  previous  year  elsewhere,  are 
liable  for  a  poll  tax  in  this  district. 

The  clerks  of  the  various  districts  are  under  oath  and  bond  for  the 
faithful  performance  of  their  duties,  and  they  will  be  expected  to  re- 
port to  the  Justice  of  the  Peace,  all  delinquents  if  there  be  such  on 


126  COMPILATION    OF    THE    SCHOOL    LAWS 

the  first   Monday   of  April.      Let  this   be   our   motto:      "Every   1914-15 

poll    tax    collected    in     County    by    the    first 

Monday  in  April." 


County  Superintendent  of  Schools. 


1 16 

2 17 

3 18 

4 19 

5 20 

6 21 

7 22 

8 23 

9 24 

10 25 

11 26. 

12 27 

13 28 

14 29 

15 .  30 

Signed    by   Clerk    of    District. 


NOTE — On  the  first  Monday  in  February,  clerk  of  school  board 
should  post  one  or  more  of  these  notices  in  the  district,  forward  one 
to  the  county  superintendent,  and  reserve  one  for  his  own  use.  On 
or  before  the  first  Monday  in  April,  make  another  report  to  county 
superintendent,  and  mark  opposite  each  name,  either  paid  or  delin- 
quent as  the  case  may  be  and  give  reasons  for  delinquency. 


POLL.  TAX  RECEIPT. 


No No $ 

Date    19.. 

Received  from    '    ^  ^  •  • 

Received    from     

In    School    district    No.  One  Dollar,  for  Poll  Tax  for  the  year  19.. 

Qounty  ^^  School  District  No 

x/  M^  •  '  County,   N.   M, 

Poll    Tax    for    the    year  

19...  Clerk  of  School  District. 


OF    THE   STATE    OF    NEW   MEXICO  127 

NOTICE  OF  BOND  ELECTION. 


Notice   is  hereby  given  to  the  qualiefid  voters  of    

School  District  No of    

County,  New  Mexico,  that  an  election  will  be  held  at 

on the day  of ,  19.... 

for  the  purpose  of  voting-  upon  the  question  of  the  issue  of  bonds  in 

the  sum   of    Dollars 

in    denominations    of    Dollars 

bearing  interest  at per  cent,  dated   

and  running  for  a  period  of years  redeemable  after 

years,  bonds  sold  and  handled  as  provided  by  Section 

1542,  Compiled  Laws  of  1897,  the  receipts  from  the  sale  of  said  bonds 
to    be   used    for    


Directors. 

(Note. — This   notice   must   state   definitely   the   purpose   or   purposes 
for  which  proceeds  are  to  be  used.) 


FUEL  CONTRACT. 


This  memorandum   of  agreement,  made  this 

day  of 19....,  between    

of  the   one   part,    and    

as  Directors  of  School  District  No in  the  County  of , 

New  Mexico,  of  the  other  part. 

WITNESSETH:      That  said 

agrees  to  deliver  at  the  school  house  in  said  District,  on  or  before  the 

day  of ,  19 .... ,    tons  of 

coal  and cords  of  wood,  of  a  good  quality  at  $ 

per  ton  and  $ per  cord. 

And    said     

as  Directors,  as  aforesaid,  are  then  and  there  to  certify  in  favor  of  the 
said for  the  sum  due  for  said  fuel. 


Contractor. 


Directors 


128                         COMPILATION    OF    THE    SCHOOL    LAWS 
BOl  NDAKIiiS   SCHOOL  I>I&TRICT    NO 


.  .County, 

N.   M.,    .  . 

.,   19 

Boundaries    of 
District. 

Corner. 

Quarter. 

Section. 

1  Township. 

Range. 

Beginning    at     the 



1 

Miles  to 





1 















County  Superintendent  of  Schools, 


NOnCE   OF  COMPUIiiORY   SCHOOL   ATTENDANCE. 


All  children  between  the  ages  of  seven  and  fourteen  years,  physi- 
cally able  and  residing  within  three  miles  of  the  school  house,  must 
attend  school  during  the  entire  term.  A  penalty  of  $25.00  may  be 
imposed  upon  a  parent  or  guardian  who  violates  this  statute.  (See 
Sec.   1555,  C.  L.   1897,  as  amended.) 


County  Superintendent. 


Board   of   Directors. 


AVISO. 


Todos  los  ninos  de  las  edades  de  siete  S,  catorce  afios,  que  no  esten 
dishabilitados  fisicamente,  y  residiendo  dentro  de  tres  millas  de  la 
casa  de  escuela,  deben  atender  S,  la  escuela  durante  todo  el  tSrmirio  de 
la  misma.  Una  multa  de  $25  6  encarcelamiento  serS,  impuesto  al 
padre  6  guardian  que  violare  esta  acta.  (Vease,  Leyes  de  Escuela, 
1897,  Sec.   1555  y  Sub-Sec.   2.) 


Superintendent  de  Condado. 


Cuerpo  de  Directores. 


OF    THE   STATE   OF    NEW    MEXICO 


129 


MONTHLY    I13EPORT    CARD. 

(To  be  sent  to  parents  by  teacher  for  each  child.) 

Monthly    Report    of    

for   Term    ending-    

Teacher. 


1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 

17 

18 

Absences,  one-half  days 
Per  cent  of  attendances 
Tardy    Marks    


Reading    

Spelling    

Language 

Arithmetic    

Mental    Arithmetic 

Algebra     

Physical   Geography 

Grammar     

Geography     

History     

Civil    Government    . 

Physiology     

Physics     

Chemistry     

Latin     

Penmanship     ...... 


-I- 


Averages  of  Scholarship . 


Signature  of  Parent  or  Guardian 


Excellent, 
Good, 
Medium, 
Poor, 


95  to  100 

85  to     95 

75  to     85 

below    75 


1st   Mo. 
2d  Mo. 
3d  Mo. 
4th  Mo. 


TO  PARENT  OR  GUARDIAN:  Please  examine  the  standing,  sign 
name  in  the  proper  blank,  and  return  the  card  promptly.  Let  us  work 
together  in  educating  the  pupil. 

N.  B.  —  Use  one  card  for  each  half  of  the  entire  term  of  school. 


Calendar 


Board  of  Directors  at  the  time  of  organizing  in  May  should  fix  some 
day  for  example,  the  last  Saturday  of  each  month  upon  which  the 
directors  should  meet  regularly.) 

JANUARY. 

The  first  day  of  January  is  a  legal  holiday. 

On  or  before  the  first  Monday  all  fines  collected  for  violation 
of  the  penal  laws  must  be  paid  the  county,  treasurer. 

On  or  before  the  third  Monday  the  county  superintendent  shall 
apportion    school    funds    among    the    districts    of    the    county. 

FEBRUARY. 

On  the  first  Monday,  school  district  clerks  shall  post  at  least 
four  copies  of  the  list  of  persons  in  the  district  liable  to  pay  poll 
tax. 

The  12th  day  of  February  (Lincoln's  birthday)  may  be  observed 
by   the   schools   as   a    legal    holiday. 

The  22nd  day  of  February  ("Washington's  birthday)  may  be  ob- 
served  by  the   schools   as   a   legal   holiday. 

MARCH. 

On  the  second  Monday  in  March  school  directors  shall  post 
notices  of  election  for  school  directors.  Notices  for  election  for 
issuing  bonds  may  be   posted   at  the   same   time. 

APRIL. 

On  the  first  Monday  in  April,  election  for  school  directors  shall 
be  held.     Elections  for  issuing  bonds  may  be  held  at  the  same  time. 

On  or  before  the  first  Monday,  all  fines  shall  be  paid  to  the  county 
treasurer. 

On  or  before  the  first  Monday,  clerks  of  school  boards  shall  re- 
port to  the  county  clerk  and  the  county  superintendent  lists  of  per- 
sons  paying  poll   tax  and   list   of   persons  failing  to   pay   poll   tax. 

On  the  third  Monday,  county  superintendents  shall  apportion 
school    funds. 

MAY. 

On  the  first  Monday, 'the  term  of  office  for  school  directors  be- 
gins. 

On  or  before  the  first  Monday,  directors  shall  make  estimate  of 
tax  levy. 

On  or  before  the  first  Monday,  the  oath  of  office  of  school  direc- 
tors shall   be   filed   with   the   c<)unty  superintendent. 


OF    THE    STATE    OF    NEW    MEXICO  131 


JUNE. 

On  or  before  the  first  day  of  the  month,  the  directors  shall  certify 
to  the  county  commissioners  an  estimate  of  the  amount  of  funds 
necessary   for    ensuing   year. 

The  scholastic  year  ends  June  30th,  statistical  reports  from  school 
directors  made  by  the  clerk  shall  be  filed  in  the  office  of  the  county 
superintendent    within    ten    days    thereafter. 

JULY. 

On  or  before  the  first  Monday,  all  fines  shall  be  turned  over  to  the 
county  treasurer. 

The  fourth  day  of  the   month   is  a   legal   holiday. 

On  or  before  the  third  Monday  the  county  superintendent  shall  ap- 
portion the  county  school  funds  among  the   districts. 

AUGUST. 

On  or  before  the  first  day  of  the  month,  the  county  commission- 
ers shall  levy  1-2  mill  state  tax,  3  mills  county  tax  and  all  special 
district   taxes. 

On  the  first  Saturday,  the  county  superintendents  must  be  in  at- 
tendance at  the  county  seat  for  the  transaction  of  official  business. 

SEPTEMBER. 

On  or  before  the  first  day  of  September,  school  directors  shall 
make  an  enumeration  of  all  unmarried  persons  between  the  ages 
of   5   and   21   years. 

On  or  before  the  first  day  of  September,  directors  shall  post  com- 
pulsory   attendance    notices. 

On  the  first  Saturday,  the  county  superintendent  shall  be  in  at- 
tendance  at  the   county   seat  for   the  transaction   of   official   business. 

OCTOBER. 

On  or  before  the  first  Monday  all  fines  shall  be  turned  over  to  the 
county  treasurer. 

On  the  first  Saturday,  the  county  superintendent  must  be  in  at- 
tendance at  the   county  seat  for   the   transaction   of   official  business. 

The  twelfth  day  of  the  month  (Columbus'  birthday  anniversary) 
is   a   legal   holiday. 

NOVEMBER, 

On  the  first  Saturday,  the  county  superintendant  shall  be  in  at- 
tendance at  the   county  seat  for  the   transaction   of   official   bi^siness. 

DECEMBER. 
The  2  5th  day  of  December  is  a  legal  holiday. 


n 


Directors'  Guide 


(The  references  are  to  pages  in  the  first  part  of  this  book.  See 
index  for  other  subjects.  Proper  forms  will  be  found  elsewhere  in  this 
volume.) 

ALCOHOLIC    DRINKS    AND    NARCOTICS. 
Duties. 

Directors    shall    enforce    instruction    as    to    nature    of   and    effect    on 
the    human    system,     in    connection     with    physiology     and      hygiene. 
(Laws,   1912;    chap.    29,   sec.    3,   page   79.) 
Duties. 

For  not  enforcing  provisions  concerning  the  teaching  of  effects 
upon  the  human  system.      (Laws,  1912;   chap.  29,  sec.  3,  page  79.) 

ARBOR    DAY. 
Duties. 

Directors  shall  require  the  observance  of  the  second  Friday  in 
March  as  Arbor  Day,  by  the  planting  of  trees  and  by  appropriate 
exercises.      (Laws,    18  97:    sec.    1625,    (a,)    page    36.) 

(County  Superintendent  may  fix  some  day  earlier  or  later  than 
the  second   Friday   of   March   to   be   observed   according   to   law.) 

BONDS. 
Duties. 

Directors  shall  submit  question  of  bonding  tbe  district  for  the  pur- 
pose of  building  a  school  house  to  the  voters  of  the  district,  upon  an 
order  from  the  County  Superintendent.  (Laws,  1899:  chap.  46,  sec.  1, 
page   38.) 

Directors  shall  provide  for  the  payment  of  interest  on  bonds  and  for 
the   redemption   therof.      This   may   be   done   from   proceeds   of   special 
levy    or    other   funds   of   the    district.      (Laws,    1912:    chap.    51,    sec.    6, 
page   82.) 
Powers. 

The  directors  shall  have  power  and  authority  to  borrow  money  for 
the  purpose  of  erecting  and  completing  school  houses,  by  issuing 
negotiable  bonds  of  the  district.  (By  opinion  of  the  Attorney  General 
proceeds  of  bonds  may  be  used  to  purchase  school  site.)  The  ques- 
tion of  issuing  bonds  must,  however  ,be  decided  by  majority  of  the 
qualified  voters  (including  women)  of  the  district  at  some  annual  or 
special  election  called  in  the  usual  way.  One  month's  notice,  (see  form 
of  notice  elsewhere),  must  be  given  and  the  amount  to  be  raised  and 
the  PURPOSE  for  which  proceeds  are  to  be  used  must  be  clearly 
stated  in  the  notice.  (Laws  1897:  sees.  1541-1542,  page  18.) 
Prohibitions. 

Directors  may  not  issue  bonds  until  the  boundaries  (for  form  of 
certificate  see  page  75)  of  the  district  have  been  established,  (Laws, 
1897:   sec.    1545,   page   19.) 


OF   THE    STATE    OF    NEW    MEXICO  1  33 

Total  indebtedness  of  district  may  not  exceed  6  per  cent  of  the 
assessed  valuation  of  taxable  property  in  district.  (Constitution  Art. 
IX.,  sec.  11;  also  L.   1912,  ch.   13,  page  78.) 

CENSUS   OR   ENUMERATION. 
Duties. 

On  or  before  the  first  day  of  September  each  year,  directors  shall 
make  an  enumeration  (see  form  elsewhere)  of  all  unmarried  persons 
between  5  and  21  years  of  age,  in  the  district;  giving  names,  ages  and 
sex  of  such  persons  in  full,  and  reporting  the  same  in  writing  which 
shall  be  signed  by  ALL  the  directors  and  sent  to  the  County  Superin- 
tendent within  fifteen  days  thereafter.  (Laws,  1897:  sec.  1535,  page 
17.)      (Laws,  1905:   chap.  23,  sec.   1,  page  53.) 

The  clerk  shall  correctly  enumerate  of  cause  to  be  enumerated  all 
unmarried    persons   as    specified   in    the    foregoing,    and    shall    receive 
$1.50   for  each   hundred   names   or  fraction  thereof  thus   enumerated. 
(Laws,   1905:   chap.   23,  sec.    1,   page   53.) 
Penalties. 

For  failure  or  refusal  to  return  complete  census.  v^aws,  1903: 
chap.   119,   sec.    13,   page   651.) 

For  false  enumeration.      (Laws,   1905:   chap.   23,  sec.   2,  page  53.) 

COMPULSORY    EDUCATION. 

Duties. 

Directors  shall  compel  parents,  guardians  or  other  persons  having 
control,  care  or  direction  of  children  between  the  ages  of  seven  and 
fourteen  years  (7  and  14)  to  send  such  children  to  the  public  schools 
during  the  entire  term  of  the  school,  unless  such  children  are  being 
•sent  to  private  or  denominational  schools  of  equal  standing  with  the 
public  schools,  and  unless  children  are  physically  unfit  for  school 
duties,  and  unless  they  live  more  than  three  miles  from  public  schools. 
(Laws  1897:   sec.   1555,  page  22.) 

The  clerk  shall  give  public  notice  (see  form  of  notice  elsewhere)  of 
the  foregoing  compulsory  education  provision  written  or  printed,  both 
in  English  and  Spanish,  posted  in  three  conspicuous  places  in  district, 
or  printed  in  a  newspaper  within  the  district.  (Laws,  1897:  sec.  1555, 
sub-sec.    2,   page   23.) 

Directors  shall,  through  the  County  Superintendent,  purchase 
books  for  indigent  children;  such  books  to  be  the  property  of  the 
district  and  to  be  loaned  to  such  indigent  children;  but  no  district 
may  purchase  more  than  $50.00  worth  of  books  for  this  purpose,  in 
any  one  year.      (Laws,  18  97:  sec.  1555,  page  23.) 

Directors  shall  enforce  compulsory  education  provisions  upon  deaf 
mute  children,  with  regard  to  the  Asylum  for  Deaf  Mutes,  in  the  same 
manner  provided  for  enforcing  attendance  upon  the  district  schools. 
(Laws,    1899:    chap.    42,   sec.    4.) 

ELECTION  OF  SCHOOL  DIRECTORS. 
Duties. 

Directors  shall  post  notices  (see  form  of  notice  elsewhere)  on  the 
second  Monday  in  March;  hold  election  on  first  Monday  in  April;  act 
as  judges;   administer  oath   (see  form  of  oath  elsewhere)   to  directors 


134  COMPILATION    OF    THE    SCHOOL    LAWS 

elected;  canvass  vote;  send  ballots  (see  form  of  ballot  elsewhere)  and 
certificate  (see  form  of  certificate  of  election  elsewhere)  of  the  result 
of  election  to  County  Superintendent.  Director  or  directors  elected 
shall  file  oath  with  County  Superintendent  before  first  Monday  in  May. 

Qualified  voters  for  election  of  school  directors  are  all  legal  voters 
residing  in  district.  Legal  voters  at  school  elections  are  citizens,  in- 
cluding women,  (page  7)  of  the  United  States,  twenty-one  years  of 
age  who  have  lived  in  the  precinct  thirty  days,  in  the  county  ninety 
days;   in  the  state  twelve  months.      (Constitution,  Art.  VII,  sec.   1.) 

Idiots,  insane  persons,  persons  convicted  of  a  felonious  or  infamous 
crime  unless  restored  to  political  rights,  and  Indians  not  taxed  may 
not  vote  at  any  election.      (Constitution,  Art  VII,  sec.   1.) 

Payment  of  poll  tax  not  required. 

Contest  of  election  must  be  made  within  thirty  days.  (Laws  18  97: 
sec.   15  32,  page  15.) 

One  director  only  shall  be  voted  for  at  each  annual  election,  except 
in  case  of  vacancy,  and  he  shall  hold  office  for  three  years.  (Laws, 
1901:   chap.   55,   sec.   2,   page   44.) 

When  vacancies  are  filled  by  election  the  person  elected  to  fill  a 
vacancy  shall  serve  only  the  unexpired  period  of  the  person  in  whose 
place    he    is    elected. 

Women  may  hold  the  office  of  School  Director.  (Constitution,  Art. 
VII,  sec.  2,  page  7.) 

>  Upon  creation  of  a  new  district,  County  Superintendent  appoints 
(see  form  of  certificate  of  appointment  elsewhere)  three  directors  to 
serve  until  next  regular  election.  (Laws,  1907;  chap.  97,  sec.  22. 
page  66)    (but  see  also  Laws,  1897:   sec.   1527,   page  14.) 

At  first  election  after  creation  of  district,  three  directors  shall  be 
voted  for,  one  to  hold  office  three  years,  one  to  hold  office  two  years, 
and  one  to  hold  office  one  year.  (Laws,  1901:  chap.  55,  sec.  1,  page 
44.)  Write  your  county  superintendent  for  information  as  to  correct 
form  of  poll  book. 
Penalties. 

For  failure  to  call  elections  and  post  proper  notices.  (Laws,  1897: 
sec.    1532,   page   15.) 

For    failure    to    perform    all    duties    in    connection    with    elections. 
(Laws    1909:    chap.    121,    sec.    12,    page    76.) 
EXPENDITURES. 
Duties. 

All  expenditures  must  be  made  by  written  warrant  (see  form  of 
warrant  elsewhere)  signed  by  the  chairman  and  the  clerk  of  the 
school  board  and  approved  by  County  Superintendent.  Itemized 
statements  must  accompany  warrants.  (Laws,  18  97:  sec.  1536,  page 
18;  Laws,  1903:  sees.  7-12,  chap.  119,  pages  50-51;  Attorney  General's 
decision.) 
Prohibitions. 

Directors  may  not  incur  debts  aggregating  more  than  six  per  cent 
of  the  assessed  value  of  taxable  property.  (Constitution,  Art.  IX, 
sec.  11;  Laws  1912,  chap.  13.  page  78.) 

Directors  may  not  incur  debts  for  any  current  year  which  can  not 
be   paid   out  of   the   money   actually   collected   and   belonging   to   that 


OF   THE   STATE   OF    NEW   MEXICO  133 

year.       (Laws,    1897:    sec.    299,    page    11;    Laws,    1897:    sees.    300,    301, 
pages  11,   12.) 

DIRECTORS  MAY  NOT  ACT  AS  AGENTS  OR  RECEIVE  COM- 
MISSION OR  BE  PARTIES  DIRECTLY  OR  INDIRECTLY  TO  ANY 
CONTRACT  CONDUCTING  PUBLIC  SCHOOLS.  (LAWS,  1913: 
CHAP.    70,    PAGE    95.) 

Penalties. 

For  incurring  indebtedness  for  current  year  which  can  not  be  paid 
out  of  money  collected  for  and  belonging  to  that  year.  (Laws,  1897: 
sec.   299,   page   11.) 

For  paying  public  money  to  any  other  than  a  legally  qualified 
teacher,  see  penalty.      (Laws,  1907:  chap.  97,  sec.  8,  page  60.) 

Note. — For  form  of  contracts  for  fuel  ,etc.,  and  teacher,  see  else- 
where in  this  book. 

FLAGS. 
Duties. 

Directors  shall  procure  a  Unite^d  States  flag  at  least  five  feet  long, 
flag  staff,  etc.,  for  display  on  or  in  the  school  house;  and  shall  replace 
the  same  when  necessary. 

Directors  shall  cause  the  flag  to  be  displayed  on  suitable  occasions 
during  the  school  hours  upon  the  school  building  or  premises,  and 
shall  estabhsh  rules  and  regulations  for  the  proper  care  and  display 
of  the  flag.  When  it  is  not  displayed  on  the  school  building,  directors 
shall  require  it  to  be  placed  conspicuously  in  the  principal  room  of 
the  school  building.      (Laws.  1905:   chap.  48,  sees.   1-2,  page  53.) 

GENERAL. 
Duties. 

Directors  shall  have  general  control  and  management,  subject  to 
County  Superintendent.      (Laws,    1897:  sec.    1535,   page   17.) 

Directors   shall   defray   all   contingent   expenses   connected   with    the 
proper  conduct  of  the  schools  of  the  district.      (Laws,  1912:   chap.   51, 
sec.    6,   page   82.) 
Penalties. 

For  failure  to  perform  certain  duties.  (Laws,  1897:  sec.  1535,  page 
17;  Laws,  1903:  chap.  119,  sec.  8,  page  50;  Laws,  1909:  chap.  121, 
sec.    12,   page   76.) 

HOLIDAYS. 

In  addition  to  the  legal  holidays  designated  by  law,  viz:  July  fourth, 
Columbus  Day  (Chap.  10,  L.  1912,  page  78),  December  twenty-fifth, 
and  January  first,  and  all  days  designated  by  proclamation  of  the  gov- 
ernor as  fast  days  or  thanksgiving  days,  February  twelfth  (Lincoln's 
birthday)  and  February  twenty-second  (Washington's  birthday)  may 
hereafter  be  observed  by  the  public  schools  as  legal  holidays;  and, 
provided  any  teacher  or  teachers  in  the  rural  districts  and  village 
schools  shall  have  arranged  beforehand  a  program  of  exercises  by  the 
pupils  appropriate  for  the  occasion  for  the  preceding  day,  the  direc- 


136  COMPILATION    OF    THE    SCHOOL    LAWS 

tors  of  such  district  shall  not  deduct  any  moneys  from  teachers'  salary 
because  of  their  absence  from  active  school  duty  on  such  holiday. 
(Laws,  1903:  chap.  119,  sec,  20,  page  52;  Laws,  1905:  chap.  48,  sec.  3, 
page   54.) 

Note. — The  original  provision  of  the  law  of  1907  giving  a  teacher 
regular  salary  during  the  holiday  vacation  for  a  period  not  to  exceed 
fifteen  days  has  been  repealed.  The  length  of  the  holiday  vacation  is 
fixed  by  the  Board  of  School  Directors  and  it  may  be  made  one  day 
or  one  month,  whatever  the  Board  may  decide.  If  no  exercises  are 
prepared,   salary  may  be  deducted  for  even   one  day. 

ORGANIZATION   AND    MEETING. 
Duties. 

Five  days  after  qualification  of  elected  director  or  directors,  (elec- 
tion having  been  properly  held  and  certified  to  County  Superintendent, 
and  oath  of  elected  director  having  been  filed  with  County  Superin- 
tendent before  first  Monday  in  May)  the  three  directors  shall  meet 
and  organize  by  electing  a  chairman  and  a  clerk;  and  two  directors 
shall  constitute  a  quorum  which  shall  be  competent  to  discharge  all 
the  duties  of  a  full  board. 

Directors  shall  meet  at  their  accustomed  place  at  least  once  every 
thirty  days,  for  the  transaction  of  public  business.  (Laws,  1903: 
chap.   119,  sec.   11,  page  50.) 

Vacancy  in  the  board,  occurring  between  elections,  shall  be  filled 
by  appointment  (for  form  of  certificate,  see  elsewhere)  by  County 
Superintendent;  the  director  so  appointed  to  serve  until  the  next  elec- 
tion.     (Laws,   1897:   sec.    1533,   page    16.) 

Note. — Records  should  be  carefully  kept  of  all  transactions  of  the 
board  and  these  together  with  all  papers,  etc.,  should  be  given  into 
the  hands  of  the  succeeding  board. 

POLL   TAX. 

The  clerk  shall  make  out  lists  (form  form  of  notice  and  list,  see 
elsewhere)  of  residents  in  his  district  liable  to  pay  poll  tax,  and,  for 
this  service,  shall  receive  $3.00,  to  be  paid  by  warrant,  signed  by  the 
directors  and  approved  by  County  Superintendent.  (Laws,  18  97:  sec. 
1549,   page   21.) 

The  clerk  shall  make  at  least  four  copies  of  names  of  persons  liable 
to  pay  poll  tax  to  be  used  in  the  following  manner: 

1.  On  the  first  Monday  in  February,  he  shall  post  one  list  in  some 
conspicuous  place  in  the  district,  for  the  information  of  the  people. 

2.  On  or  before  the  first  Monday  in  April,  he  shall  report  a  com- 
plete list,   in  writing,  to  the  county  clerk  and 

3.  A  complete  list,  in  writing,  to  the  County  Superintendent;  and 
he  shall  report  to  said  Superintendent  the  amount  of  poll  tax  collected, 
from  whom  collected,  the  names  of  persons  still  delinquent  and  the 
reasons  for  such  delinquency;  and  further, 

4.  One  such  complete  list  shall  be  filed  in  the  office  of  the  school 
district  clerk.      (Laws,  1897:   sec.  1550,  page  22.) 


OF    THE    STATE    OF    NEW    MEXICO  137 

The  clerk  shall  collect  said  poll  tax   (for  form  of  receipt,  see  else-  ' 
where)    and   shall   receive    10    per   cent   of  all   moneys   collected    from 
poll    taxes. 

All  poll  taxes  shall  be  paid  to  the  County  Treasurer  for  the  use  of 
the  district,  and  the  Treasurer  shall  pay  to  the  clerk  his  percentage  of 
the  gross  amount  collected.      (Laws,  1897:   sec.  1549,  page  21.) 
Powers. 

Clerk  may  bring  suit  for  collection  of  poll  tax  if  tax  is  not  paid 
thirty  days  after  first  demand.      (Laws,  1897:  sec.  1549,  page  21.) 

Clerk  may  demand  of  any  person,  firm  or  corporation  a  list  of  em- 
ployes, and  if  he  finds  the  names  of  persons  liable  to  pay  poll  tax  in 
the  district  who  have  not  paid  such  tax,  he  shall  give  such  names  to 
employer;  and  said  employer  shall  pay  poll  tax,  taking  receipt  from 
collector,  and  deduct  amount  of  poll  tax  from  any  moneys  due  em- 
ploye. 

(Refusal  on  the  part  of  any  employer  to  comply  with  the  foregoing 
shall  be  punished  by  fine.)  (Laws,  1907:  chap.  96,  sees.  1,  2,  page  56.) 
Penalties. 

Clerk  failing  to  collect  poll  tax.  (Laws  1909:  chap.  121,  sec.  12, 
page   76.) 

N.  B. — In  order  that  no  possible  difficulty  may  arise  in  the  collection 
of  poll  tax  through  the  courts,  it  is  recommended  that  on  April  1st, 
the  clerk  post  in  three  conspicuous  places  lists  of  persons  delinquent  in 
the  matter  of  payment  of  poll  tax.  If  payment  is  not  made  within 
thirty  days,  bring  suit. 

No   property  exempt  from   execution. 

Justices  and  constables  shall  not  demand  fees  in  advance. 

Persons  exempt  from  payment  of  poll  tax:  Firemen,  persons  bod- 
ily  disabled,    militiamen. 

Sec.  1762,  C.  L.   1897;   Sec.   1549,  C.  L.   1897;   Sec.   2278,  C.  L.   1897. 

PUPILS. 

Powers. 

Directors  may  admit  non-resident  pupils  if  school  accommodations 
are  sufficient,  may  determine  the  rate  of  tuition  (not  to  exceed  20 
percent  more  than  the  average  cost  per  capita  for  education),  and 
collect  the  same.      (Laws,   1907:   chap.    97,   sec.   29,  page   69.) 

Pupils  who  become  five  years  of  age  after  September  first,  the  date 
of  enumeration,   should  not.be  allowed  to   enter  school   until  the  next 
school    year. 
Penalties. 

For  refusing  to  receive  pupils  on  account  of  race  or  color.  (Laws, 
1897:    sec.    1556,    page    24.) 

QUALIFICATIONS    OF    DIRECTORS. 

Any  qualified  director  may  hold  this  office.  (Constitution,  Art.  VII, 
sec.  2.)      (Persons  convicted  of  certain  serious  crimes  are  disqualified.) 

No  restrictions  on  account  of  religion,  race,  language  or  color,  or 
inability  to  speak,  read  or  write  the  English  or  Spanish  languages. 
(Constitution,   Art.   VII,   sec.    3.) 


38  COMPILATION    OF    THE    SCHOOL    LAWS 


Directors  must  have  been  regularly  elected,  and  must  have  qualified 
by  taking  oath  and  by  filing  same  with  County  Superintendent.  (Laws, 
1897:    sec.    1532,    page    15.) 

Should  be  a  citizen  of  the  United  States  and  of  legal  age.  (No  re- 
strictions as  to  sex.)       (Constitution,   Art.   XII,   sec.    2.) 

REPORTS. 
Duties. 

On  or  before  the  first  day  of  July  the  clerk  shall  make  a  report  in 
writing  to  the  County  Superintendent,  shawing  the  amount  of  money 
collected  and  expended  for  school  house  sites,  school  houses,  fuel, 
interest  on  bonds,  contingent  expenses  and  salaries  paid  teachers 
within  the  twelve  months  preceding  .  (Laws,  1897:  sec.  1535, 
page   17.) 

When  contracts  for  public  school  buildings  have  been  let,  the  clerk 
shall  make  to  the  County  Superintendent,  from  time  to  time  as  the 
said  Superintendent  shall  require,  an  itemized  statement  under  oath, 
of  cost  of  labor  and  material  used  and  work  done  where  practicable, 
and  apparatus  required  and  used  for  conducting  and  furnishing  said 
building.      (Laws,   1913:   chap.  70,  page  95.) 

Between  the  first  day  of  June  and  the  first  day  of  July  each  year, 
the  clerk  shall  make  a  report  to  the  County  Superintendent  in  writing, 
showing  in  detail  the  financial  condition  of  the  district;  the  amount  of 
money  received  and  from  what  source,  including  receipts  from  poll 
taxes,  etc.,  district  bonds  or  special  levies,  and  the  manner  in  which 
the  same  has  been  disbursed  during  the  previous  year,  amount  ex- 
pended for  repairs  or  improvements  of  school  houses  and  grounds, 
whether  rented  or  owned  by  the  district,  the  value  of  all  school 
property,  amount  of  bonded  indebtedness  of  district,  status  of  interest 
fund,  amounts  paid  for  rent,  fuel,  etc.,  salaries  paid  teachers  for  the 
preceding  year,  the  number  and  sex  of  the  school  population,  and 
amount  expended  for  books  for  indigent  children  under  Sec.  1555, 
Compiled  Laws  of  1897,  as  amended.  (Laws,  1903:  chap  .119,  sec.  8, 
page   50.) 

Within  ten  days  after  the  end  of  the  scholastic  year  June  15th, 
directors  shall  file  statistical  (see  paragraph  1  of  this  section)  reports 
with  the  County  Superintendent,  as  are  required  by  law.  (Laws, 
1907:    chap.    97,    sec.    24,    page    68.) 

The  clerk  shall  report  to  the  County  Superintendent  name,  age,  sex, 
and  residence  of  all  deaf  mute  children  in  the  district,  together  with 
P.  O.  address  of  parents  or  guardians.  (Laws,  1899:  chap.  42,  sec.  4.) 
Penalties. 

For  failure  to  make  reports  and  to  perform  other  duties.  (Laws, 
1897:  sec.  1535,  page  17;  Laws,  1903:  chap.  119,  sec.  8,  page  50; 
Laws,    1909:    chap.    121,    sec.    12,    page    76.) 

SCHOOL  FUNDS. 
Penalties. 

For  using  public  money  for  private  purposes  or  for  any  ether  legal 
purposes.  (Laws,  1897:  sees.  1125,  1126;  Laws,  1913:  chap.  74,  sec. 
6,   page   99.) 


OF    THE    STATE    OF    NEW    MEXICO  139 

SCHOOL    PROPERTY  —  SCHOOL    HOUSES,    SITES,    FURNITURE, 

EQUIPMENT,   ETC. 
Duties.  ^ 

Directors  shall  have  care  and  keeping  of  school  property.  (Laws, 
1897:   sec.    1533,  page  17.) 

Directors  shall,  by  purchase  or  lease,  provide  a  suitable  school 
house,  and  shall  keep  the  same  in  repair.  (Laws,  1912:'  chap.  51, 
sec.    6,   page    82.) 

Dirctors  shall  submit  question  of  issuing  bonds  for  building  school 
house  to  the  voters  of  district  upon  order  from  County  Superintend- 
ent.     (Laws,   1899:   chap.   46,  sec.    1,   page   38.) 

District  may  borrow  money  for  erecting  or  furnishing  school  build- 
ings and  purchasing  school  grounds.  (Laws,  1912:  chap.  13,  page  78.) 
When  surplus  to  the  credit  of  school  district  is  used  to  procure  suit- 
able school  house  site  and  to  erect  a  proper  school  house  there,  the 
directors  shall  open  proper  books  of  account  with  said  surplus  fund, 
and  enter  receipts  and  disbursements  on  account  of  fund;  and  take 
itemized  bills  in  duplicate,  one  to  be  kept  by  directors,  and  one  to  be 
submitted  with  warrant  drawn  in  payment,  to  the  County  Treasurer. 
(Laws,   1903:   chap.   37,  sees.   1,   2,  pages  46,   47.) 

When  letting  contracts  for  public  school  buildings,  directors  shall 
require  of  the  contractor  good  and  sufficient  bond  for  the  faithful 
execution  of  said  contract.      (Laws,   1913:   chap.   7  0,  page  96.) 

The  clerk  shall  make  an  itemized  statement  under  oath,  of  the  cost 
of  labor  and  material  used  and  work  done  where  practicable,  and  ap- 
paratus required  and  used  for  conducting  and  furnishing  said  building; 
and  directors  shall  consult  with  and  solicit  the  cooperation  of  County 
Superintendents  whenever  it  becomes  necessary  to  purchase  furniture, 
fixtures,  etc.,  for  district  school.      (Laws,   1913:   chap.   70,  page  96.) 

If  surplus  money  is  not  sufficient  to  complete  buildings,  directors 
shall  carry  on  construction  so  far  as  funds  permit  and  succeeding 
boards  of  directors  shall  proceed  with  the  work,  according  to  con- 
tract, until  work  is  completed.  (Laws,  1903:  chap.  37,  sec.  3, 
page   47.) 

(For  securing  state  aid  in  school  building,  see  Laws  1913,  chap.  74, 
page  96.  This  applies  only  to  such  districts  as  are  unable  to  main- 
tain a  five  months'  term  without  state  aid.) 

Burning   of   school   building,    penalty   for.      (Laws,    1897:    sees.    1103, 
1104.) 
Powers. 

Directors  may  open  school  house  for  the  use  of  religious,  political, 
literary,  scientific,  mechanical,  agricultural  and  industrial  societies 
belonging  to  the  district,  for  the  purpose  of  holding  business  or  public 
meetings  of  said  societies.      (Laws,    1897:    sec.    1533,   page   16.) 

Directors  may  borrow  money  for  the  purpose  of  erecting  and  com- 
pleting school  houses,  by  issuing  bonds  of  the  district.  (Laws,  1897: 
sec.    1541,   page   18.) 

Directors  may  submit  to  the  voters  of  the  district,  at  the  annual  or 
any  special  meeting  called  for  the  purpose,  the  question  of  issuing 
bonds  for  erecting  or  completing  school  house  , giving  the  same  notice 


140  COMPILATION    OF    THE    SCHOOL    LAWS 

of  such  meeting  as  is  now  required  for  the  election  of  directors,  and 
the  amount  proposed  to  be  raised  by  the  sale  of  bonds.  This  question 
shall  be  voted  upon  by  the  qualified  voters,  including  women,  of  the 
district,  and  if  a  majority  are  in  favor  of  the  issue  of  bonds  ,the  di- 
rectors shall  issue  bonds  to  the  amount  voted.  (Laws,  1897:  sec.  1542, 
pag-e  18.) 

Directors  may  withdraw  Surplus  in  general  school  fund  to  credit  of 
district,  for  the  purpose  of  procuring  a  suitable  site  and  building  a 
school  house  thereon.      (Laws,  1903:  chap.  37,  sees.  1-5,  page  46.) 

Directors  may  secure  site  and  proceed  with  the  building  of  school 
house  so  far  as  funds  on  hand  for  that  purpose  will  permit.  (Laws, 
1903:    chap.    37,   sec.    3,    page    47.) 

Directors  may  expend  money  from  treasury  for  insurance  of  school 
building.      (Laws,   1903:   chap.   37,  sec.   4,   page  47.) 

Directors  may  maintain   more   than   one   school   in   district.      (Laws, 
1907:   chap.   97,  sec.   22,  page  66.) 
Prohibitions. 

Directors    may    not    incur    obligations    in    securing    site,    building,    or 
repairing   school   houses,    beyond    the   amount   available   in   the   county 
treasury,    for    such    purposes,    except    by    issuance    of    bonds.       (Laws, 
1903:  chap.   37,  sec.   2,   page  47.) 
Penalties. 

For  locating  brothels  near  school  house.  (Laws,  1901:  chap.  84 
page  44.) 

For  refusing  to  submit  question  of  issuing  bonds  for  building. 
(Laws,   1899:   chap.   46,  sees.   1-3,   page   38.) 

For  failure  to  carry  out  provisions  as  to  use  of  surplus  funds  for 
securing  site  and  building  as  directed  by  County  Superintendent. 
(Laws,   1903:    chap.   37,   sec.    5,   page   47.) 

N.  B. — Write  Department  of  Education,  Santa  Fe,  N.  M.,  for  book 
of  plans  and  speciflcations  for  school  buildings,  when  you  are  con- 
templating building  a  school  house. 

TAX    LEVY. 
Duties. 

On  or  befdre  the  first  Monday  in  May,  the  directors  shall,  to  pro- 
vide necessary  funds  for  school  purposes,  make  estimate  on  the  tax- 
able property  of  the  district  for  tax  levy.  (Laws,  1912:  chap.  51,  sees. 
7,   8,  page  83.) 

Directors  shall  on  or  before  the  first  day  of  June^  certify  lax  levy, 
when  made,  to  County  Commissioners  and  said  levy,  when  approved 
by  County  Commissioners,  shall  be  collected  and  accounted  for  as 
other  taxes.      (Laws,   1912:    chap.   51,  sec.   8,   page  83.) 

To  provide  necessary  funds  for  conducting  school,  directors  in  rural 
districts  may  levy  tax,  not  to  exceed  15  mills  on  the  dollar  in  any 
one  year,  on  the  taxable  property  of  the  district.  Boards  of  education 
in  incorporated  cities,  towns  and  villages  may  levy  20  mills.  (Laws, 
1912:   chap.   51,  sec.   8,  page  83.) 

If  directors  fail  to  make  levy  or  if  their  levy  is  not  approved,   the 


OF    THE    STATE    OF    NEW    MEXICO  141 

county   commissioners   shall    levy   what   in    their  judgment    is   needed. 
(Read  carefully  chap.    51,   Laws,    1912:    page   83.) 

County  Commissioners  must  also  make  one-half  mill  state  levy  and 
3  mills  county  levy.      (Laws,   1912:  chap.   51,  sees.  1,   9,  page  81.) 

TEACHERS. 
Duties. 

Directors  shall  employ  (for  form  of  contract,  see  elsewhere)  and 
pay  teachers.      (Laws,    1897:    sec.    1535,   page   17.) 

Directors  shall  require  certificate  of  health  showing  that  teacher  is 
not  afflicted  with  tuberculosis  or  consumption  in  transmissible  form. 
(Laws,   1901:  chap.   43,  sees,   2-3,   page  42.) 

Directors  shall,  upon  complaint  of  taxpayer,  require  teacher  to  take 
health  examination,      (Laws,  1901:   chap.   43,  sec.   5,  page  43.) 

Directors  shall  discharge  teachers  unable  to  pass  health  examina- 
tion.     (Laws,    1901:    chap.   43,   sec.   5,   page   43.; 

Directors  shall  pay  teachers  monthly.  (Laws,  1901:  chap.  57,  sees, 
1,  page  4  4.)  School  month  shall  consist  of  four  weeks  of  five  days 
each,  and  a  school  day  shall  consist  of  six  hours,  but  the  noon  inter- 
mission is  not  to  be  counted  as  part  of  the  six  hours.)  (Laws,  1897: 
sec.    1557,   page   24.) 

Directors  shall  employ  only  legally  qualified  teachers.  A  legally 
qualified  teacher   is   one  who   holds  three   certificates: 

1.  A  health  certificate. 

2.  A  certificate  of  attendance  at  Institute  held  within  twelve 
months,   or. 

An  excuse  for  non-attendance  signed  by  the  County  Superintendent 
and   the   State   Superintendent   of   Public   Instruction. 

3.  A  teacher's  certificate  signed  by  the  State  Superintendent  of 
Public    Instruction,    or, 

A  permit  signed  by  the  County  or  State   Superintendent,    (for  form, 
see  elsewhere).      (Laws,   1907:   chap.   97,  sec.   8,   page  — .) 
Directors  shall  pay  teachers'    wages  according  to   law. 

1.  Teachers  holding  third  grade  certificates  and  permits  may  not 
draw  over  $50.00  per  month. 

2.  Holders  of  second  grade  certificates  may  not  draw  over  $75.00 
per  month.      (Laws,   1907:   chap.    97,   sec.    26,   page   68.) 

Directors  shall  pay  teachers  not  to  exceed  one  month,  if  school  is 
closed  by  directors  on  account  of  danger  from  disease,  loss  by  fire, 
etc.      (Laws  ,1907:    chap.    97,   sec.   26,   page   68.) 

Two  directors  shall  sign  teachers'  warrants,  and  County  Superin- 
tendents shall  approve  if  legal  requirements  have  been  met.  (Laws, 
1897:    sec.    1536,   page   18.) 

Teachers  shall  keep  records  and  make  reports  to  County  Superin- 
tendent (for  form  of  reports,  see  elsewhere).  (Laws,  1897:  sec.  1536, 
page  18.) 


142  COMPILATION    OF    THE    SCHOOL    LAWS 

Prohibitions. 

Directors   may   not   deduct   any   money   from   teacher's   salary   be- 
cause   of   absence   from   active    duty   on   legal    holiday,    if    program   in 
celebration  shall  have  been  held  on  day  previous.      (Laws,  1903:  chap. 
119,   sec.    20,   page   52.) 
Penalties. 

For  failure  to  require  certificate  of  health  from  teacher.  (Laws, 
1901:   chap.   43,  sec.  6,  page  44.) 

For  violating  provisions  with  reference  to  payment  of  teachers' 
salaries.  (Laws,  1897,  sec.  1535,  page  17.)  (Laws,  1907:  chap.  97, 
sec.  26,  page  68.)      (Laws,   1909:   chap.   121,  sec.   12,  page  76.) 

TEXT    BOOKS. 
Penalties. 

For  knowingly  permitting  any  other  text  book  to  be  used  in  the  first 
eight  grades  than  those  approved  and  adopted  by  State  Board  of 
Education.  (Laws,  1907:  chap.  97,  sec.  9,  page  61);  also  (Constitu- 
tion, Art.   20,  sec.   17.) 

Note. — List  of  adopted  texts  may  be  found  in  Manual  of  the  Course 
of  Study  for  Common  Schools,  a  copy  of  which  should  be  in  the  hands 
of  each  teacher.  Upon  request,  a  list  will  be  sent  from  the  office  of 
the  Superintendent  of  Public  Instruction. 

VACCINATION. 
Duties. 

The  teacher  shall  see  that  the  children  in  his  district  are  success- 
fully (this  means  that  children  have  been  vaccinated  within  five  years 
and  vaccination  is  effective;  physician's  certificate  that  vaccination  is 
effective  is  sufficient)  vaccinated  or  have  been  vaccinated  within  one 
year  previous,  and  shall  make  report  to  the  County  Superintendent. 
(Laws,  1901:  chap.  17,  sec.  26,  page  41.)  (Laws,  1903:  chap.  103, 
sec.  29,  page  48.) 

Directors  shall   pay   for  vaccination   of   children   whose   parents   are 
unable  to  pay  by  reason  of  poverty.      (Laws,    1901:   chap.   17  ,sec.   27. 
page  41.)      (Laws,  1903:  chap.   103,  sec.  30,  page  49.) 
Powers. 

Directors    may    appoint    physician    to    vaccinate    children.       (Laws, 
1901:   chap.   17,  sec.   27,  page  41.) 
Penalties. 

Parents  refusing  to  have  children  vaccinated  subject  to  a  fine  of 
$10.00  to  $100.00.      (Laws,   1903:   chap.   103,  sec.   29,  page  49.) 


Index 


ANNEXATION  OF— 

Territory,   city  and   town  districts,   C.   L.    1897,  sec.    1563 25 

Rural   districts,   L.    1907,   Ch.    97,  sec.    22 66 

APPORTIONMENT  OF   SCHOOL.  FUNDS — 

State    current,    state    superintendent     to    make     L.    1912,    Ch, 

51,    sec.     3     82 

ARBOR  DAY — 

C.    L.    1897,    sec.     1625 36 

ALCOHOLICS  AND   NARCOTICS — 

Teaching-   effects   of,    L.    1912,   Ch.    29 79 

ASSESSOR — 

To  make  returns  for  school  districts,  C.   L.   1897,  sec.   1547...  19 

ATTENDANCE — 

School,    Const.,    Art.    XXI,    sec.    4,    5 10 

Actual   residents   have   privilege   of,    C.    L.    1897,   sec.    1556....  23 

Cities    and    towns,    C.    L.    irS7,    sec.    1562 24 

Compulsory   attendance,    C.    L.    1897,    sec.    1555 22 

BOARDS   OF  EDUCATION,   CITY  AND   TOWN — 

Annexation   of  territory  C.   I.,.    1897,   sec.    1563 25 

Contracts,  members  not  to  be  interested  in,  L.   1913,  Ch.   70..  96 

Corporate    body,     C.     L.     1897,    sec.     1564 25 

Election      of,       officers,       vacancies,      powers,      C.      L.       1897, 

sec.    1567-1611    26 

Elections,   terms,   powers   (city),  L.    1912,  Ch.   43 81 

Elections,   terms,  powers    (town),  L.   1913,  Ch.   67 94 

Institutes,  special,  may  hold  in  cities,  L.  1901,  Ch.   67 41 

Levies,   special,   L.    1912,   Ch.    51,   sec.    8 83 

Superintendent,  rhay  employ  for  two  years,  L.   1903,  Ch.   119..  50 


144  '        COMPILATION    OF    THE    SCHOOL    LAWS 


BOARD   OF  EDUCATION,   STATE — 

Business  colleges,  correspondence  schools,  etc.,  powers  in  con- 
nection  with,  L.    1913,   Ch.    77 100 

Certificates,  teachers,  to  issue,  L.   1907,  Ch.   97,  sec  3,   4,   5  .  .  .  .  57 

Certificates,    to    revoke,    L.    1907,    Ch.    97,    sec.    7 60 

Composition,   appointmet,   powers.   Const.,  Art.   XII,  sec.    6  .  .  .  .  9 
Industrial     education,     to     prescribe     course    for,     L.     1912, Ch. 

52,     sec.     1     84 

Institute  attendance,  may  excuse  from,  L.   1907,  Ch.   97,  sec.  6  59 

Institutes,   to   prescribe   courses  for,   L.   1907,   Ch.   97,  sec.    6...  59 

Meetings,    mileage,    per   diem,   L.    1907,   Ch.    97,   sec.    1 56 

Organization  and  powers,  L.   1907,  Ch.   97,  sees.   1,  2 .  56 

Terms,    L.    1912,    Ch.    37 80 

BONDS— 

School,   C.   L.    1897,  sees.    1541,    1542,    1545,    1547 18 

Cities,  bond  issues  in,  C.  L.   1897,  sees.   1584,   1590 29 

Election,    necessary,    Const.,    Art.    IX,    sec.    1 8 

Petition,   bond  election  to  be  called  on,  L.   1897,  Ch.    46 38 

(See  also  references  under  indebtedness.) 
Qualifications   for  voting  at   elections    (see   elections). 

BOUNDARIES  OF   SCHOOL  DISTRICTS — 

Changing  lines,  L.   1907,  Ch.   97,  sec.   22 66 

Establishment  of  necessary,   C.   L.   1897,   sec.    1545,    1547 19 

Location,    L.    1907,    Ch.    97,    sec.    23 68 

BROTHELS — 

Restrictions  as  to  location,  L.   1901,  Ch.   84 44 

BUILJ)ING,  SCHOOL — 

(See   references   under  Bonds.) 

Borrowing  money  for,  L.   1912,  Ch.   13    78 

.Expenditures,   method  of  making,  L.   1903,  Ch.   37,  sec.   2 46 

Insurance,  L.   1903,   Ch.    37,   Sec.    4 47 

Surplus,  one-fifth  to  be  set  aside,  L.   1899,  Ch.   46 38 

Surplus,   use  of,  L.   1903,  Ch.    37 46 

Surplus  in  sinking  funds,  L.    1912,   Ch.    51,   sec.    10 83 

State  aid   for,   L.    1913,   Ch.    74    96 

Use   of,   C.    L.    1897,   sec.    1533    17 

Site  for. 

BUSINESS    COLLEGES,     correspondence     Schools,     etc.,     L.     1913, 

Ch.     77 100 

CERTIFICATES  OF  TEACHERS — 

County    and    professional     certificates     and    permits,    L.    1907, 

Ch.    97,    sees.    3,    4,    5 .' 57 

Revocation  of,  L.   1907,  Ch.  97,  sec.  7    60 


OF    THE    STATE    OF    NEW    MEXICO  145 


computjSory  school  attendance — 

Const.,   Art.    XII,    sec.    5    9 

C.    L.     1897,    sec.    1555     22 

CORRESPONDENCE    SCHOOI  i?,    ETC. — 

L.    1913,    Ch.    77 100 

CURRICULUM — 

Subjects  of,   C.   L.    1897,   sec.    1529 15 

History  and  civics,  L.    1912,   Ch.   41 80 

Industrial   subjects,   L.    1912,    Ch.    52 84 

In  county  high  schools,  L.   1912,  Ch.   47,  sec.  11 *  88 

Physiology,      including      effects    of   alcoholics     and     narcotics, 

L.     1912,     Ch.     29 79 

DAY  AND  MONTH— 

School,   defined,  C.  L.   1897,  sec.   1557    '. 24 

DELINQUENT  TAXES — 

Distribution    of,    L.    1912,    Ch.    77    89 

Amending    act,    I..    1913,    Ch.    18 90 

DIRECTORS,   BOARDS  OF,  IN   RURAI^   DISTRICTS — 

Accounts  to  be  itemized,  L.   1903,   Ch.   119 50 

Contracts,  not  to  be  interested  in,  L.   1913,   Ch.   70 96 

Election,       procedure,       penalty,      contest,    etc.,      C.      L.    1897, 

sec.     1532     15 

Enumeration,  to  make,   L.   1905,  Ch.    23 53 

Levies,  to  estimate  amount  for,  L.   1912,  Ch.  51,  sec.  7,  8,  9  .  .  .  83 

Organization,  vacancies  and  duties,  C  L.  1897,  sees.  1533.  35..  17 

School  houses,   etc.,  to  provide,  L.   1912,  Ch.   51,  sees.   7,   8,   9 .  .  83 

Reports,   to   make,   L.    1903,   Ch.    119 50 

L.    1907,    Ch.    97,    sec.    24    68 

Terms,   L.    1901,   Ch.    55    44 

Women  eligible  to  hold  office  of,  Const,  Art.  VII,  sec.   1 7 

(See  also  reports  and  penalties). 

DISTRICTS,    SCHOOL— 

Creation    of,    C.    L.    1897,    sec.    1527    ' 14 

Creation,  alteration,   division  of,  L.   1907,   Ch.   97,  sec.   22 66 

Corporate  body,   directors,  C.   L.    1897,   sec.    1530    15 

Classification   of,    L.    1912,    Ch.    51,   sec.    4 82 

Location  of  boundaries  of,  L.   1907,  Ch.   97,  sec.   23 68 

ELECTIONS,    SCHOOL— 

Legal  voters.  Const.,  Art.  VTI,  sec.   1    (first  part) 7 

Poll  tax,   payment  of,   not  r-equired. 

Qualification   of  voters  at.  Const.,   VII,   sec.    1 7 

Time,    procedure,    contests,   C.   L.    1897,   sec.    1532 15 

Women   eligible  to  vote  at.   Const.,   Art,  VII,  sec.    1 7 


146  COMPILATION    OF    THE    SCHOOL    LAWS 

ENGLISH — 

Teaching  of,   required,   Const.,   Art.   XXI,   sec.    4 10 

KNUMEKATION— 

C.    L.    1897,    sec.    1535     17 

Penalty  for  failture  to  make,  or  for  false  enumeration,  L.  190.3, 

Ch.    119,   sec.    13    51 

L.    1905,   Ch.    23,   sec.    2    53 

FLAGS — 

School   boards   to   furnish,   L.    1905,   Ch.    48    53 

FOREST  RESERVE  EARNINGS — 

L.    1909,    Ch.    119    73 


FUNDS,  SCHOOL,  COUNTY — 

Accounting  and  settlement  of  collections,  C.  L.  1897,  sec.  684.  13 

Apportionment  of,   L.    1907,   Ch.    97,   sec.    20 65 

L.    1912,    Ch.    51,    sec.    3    82 

Collector  to  turn  over  at  specified  times,  C.  L.  18  9  7,  sec.  1539.  18 
Forest    reserve       earnings       (for    certain    counties),     L.     1909, 

Ch.    119 73 

Levy,  county,  three  mills,  L.  1912,  Ch.   51,  sec.   9.  .  . 83 

Licenses,   saloon,   one-third,   L.    1901,   Ch.    29    41 

Treasurers,      to    notify    county     superintendents,     C.    L.    189  7, 

sec.    15  48     20 


FUNDS,  SCHOOL  DISTRICT— 

Apportionment    of    county   and    state    funds,    L.    1912,    Ch.    51, 

sec.    3     • 82 

L.    1903,   Ch.    119,   sec.    15    51 

Levies,   special,   L.    191 2,   Ch.    51,   sec.    8 82 

Licenses,   saloon,  two-thirds,  L.   1901,   Ch.    29 41 

Poll  taxes,   C.   L.    1897,   sec.    1549 21 

State   aid,   L.    1 912,    Ch.    51,   sec.    5    82 


FUNDS,   SOHOOIj,  STATE — 

Apportionment  of,  L.   1912,   Ch.   51,   sec.    3 .  82 

Building  fund  for  weak  districts,  L.  1913,  Ch.   74 96 

Collections  to  be  turned  in  promptly,  C.  L.   1897,  sec.  153  9.  .  ; .  18 

Current  fund,  Const,  Art.  XII,  sec.  4 9 

Permanent,  Const.,  Art.  XIT,  sec.   1 .  '. 8 

Investment  of.  Const,  Art  XII,  sec.   7    ..............  .. .  .  9 

Reserve  fund  for  five  months'  term.  Const.,  Art.  XII,  sec.  4 .  .  9 

L.    1912,    Ch.    51,    sec.    5    .  ..  82 

Tax,  one-half  mill,  L.  1912,  Ch.  51,  gee.  1    81 


OF   THE   STATE    OF    NEW    MEXICO  147 

HIGH  SCHOOIvS — 

Cities    may   establish,    C.    L.    1897,    sec.    1569 26 

County    high    schools,    L..    1912,    Ch 85 

L.     1913,    Ch.     20     91 


HISTORY  AND  CIVICS  OF  NEW  MEXICO — 

Teaching-   of,   exaniinations,   L.    1912,   Ch.    41 80 

HOLIDAYS— 

L.    1903,   Ch.    119,   sec.    20 .... 52 

Columbus   Day,    L.    1912,    Ch.    10 78 

Lincoln   Day,   L.    1905,   Ch.    48,   sec.    3    54 

Programs  for  special  days,  L.   1907,  Ch.    97.  sec.    13 63 

INDEBTEDNESS — 

Bateman  act,   limiting  expenditures,   C,   L,    1887,   sec.    299 11 

Judgments,    no    execution,       special      levy.    Const,    Art.    VIII, 

sec.    13 8 

Election  necessary  to  incur.  Const.  Art.  IX,  sec.   1    8 

L.     1912,    Ch.     13 78 

Speculation  in  evidences  of,  unlawful,  C.  L.   1897,  sec.   406.  ...  12 

INDUSTRIAL  EDUCATION — 

Director  of,  L.   1912,   Ch.   52,   sec.   2 8 1 

INSTITUTES— 

L.    1907,   Ch.    97,   sec.    6 58 

Cities   may   hold   separate,   L.    1901,   Ch.    27 41 

LANDS,   SCHOOL — 

Const.,   Art.    XIII,   sec.    1    10 

State  land   office,   commissioner,   provisions,   L.    1912,   Ch.    82..    77 

LAS  VEGAS,  investment  of  permanent  fund,  L.   1912,   Ch.   64 88 

Amending    act,    L.    1913,    Ch.    86     101 

\IINORS— 

Drunkards  and   lunatics,   children   of,   C.   L.    1897,  sec.    1911...  37 
Employment    of    children,    legislature    shall    regulate,    Const., 

Art.    XX,    sec.     10     10 

Pool  rooms,   not  to  loiter  in,   L.   1913,   Ch.    15    90 

Saloons,    not   to    frequent,    L.    1901,   Ch.    3 39 

MONTH,  SCHOOL,  DEFINED — 

C.    L.    1897,    sec.    1557    24 

ORPHANS'  HOME   AND  INDUSTRIAL  SCHOOL — 

C.   L.    1897,   sees.    1617,    1622    35 


148  COMPILATION    OF    THE    SCHOOL    LAWS 

PENALTIES — 

For   failure   in    duties   of   officers   in   connection   with   schools, 

L.    1909,    Ch.    121     • 76 

Accounts  and  collections,  C.  L.  1S97,  sees.  68G-1540-1548  .  .13-18-20 

Alcoholics  and  narcotics,  teaching  of,  L.  1912,  Ch.   29,  sec.   3.  .  7  9 

Attendance    of   children,    C.    L.    1897,    sec.    1555 22 

Building,    school,    1899,    Ch.    46,    sec.    3 38 

L.  1903,  Ch.  37,  sec.   5 47 

L.    1913,   Ch.    74,   sec.    6    99 

Contract,    L.    1913,    Ch.    70    ;  96 

Elections,    C.    L.    1897,    sec.    1532 15 

Enumeration,   L.    1903,   Ch.    119,   sec.    13 51 

L.    1905,    Ch.    23,    sec.    2 53 

Forest  reserve  earnings,  L.   19  09,  Ch.   119,  sec.   4 74 

Health  certificates,  L.   1901,  Ch.   43,  sec.   6 44 

L.    1903,   Ch.    92,   sec.    2 48 

Indebtedness,   incurring  excess,  C.   L.    1897,  sec.   299 11 

Poll  tax  collections,   L.    1907,   Ch.   96,   sec.    2 55 

Reports,  C.  L.   1897,  sees.   1528,   1535    15-17 

Removal    of   officers,    L.    1909,    Ch.    36 . 72 

Salaries,   teachers,   L.    1907,  Ch.   97,  sec.    26 68 

Text  books,   L.   1907,  Ch.    97,   sec.   9 61 

Vaccinaiton,    L.    1901,   Ch.    17,   sec.    26 40 

L.    1903,   Ch.    103,   sec.    29    49 

POLL  TAX— 

Persons      liable      to    and      collections    of,      C.    L.    189  7,      sees. 

1549,    1550     21 

Collection,  an  act  to  facilitate,  L.   1907,   Ch.   96 55 

Elections,  payment  of  poll  tax,  no  requirements  for. 

Exemptions,   firemen,  C.   L.    1897,  sees.    1763,   1766 37 

Militiamen,    L.    1905,    Ch.    101    53 


POOL  ROOMS — 

Minors  forbidden  to   loiter  in,   L.   1913,   Ch.    15 90 

REAL  ESTATE — 

Districts  may  acquire  and  hold,  C.  L.   1897,  sees.    1530,    1552..  22 

Appraisers  for,  in  cities  and  towns,  C.  L.  1897,  sees.  1600,  1611.  32 
City      and    towns,      certain    parcels      of    land    in,      C.    L.    18  97, 

sees.     1565,     1566     26 

Condemnation  for  school  site.  C.  L.   1897,  sec.    1553 22 

RELIGION  AND  SECTARIANISM— 

Religious  tests  forbidden.  Const.,   Art.   XII,  sec.   9 9 

Sectarianism  not  to  be  taught,   C.  L.    1897,  sec.    4 10 

REMOVAL  OF  OFFICERS— 

L.    1909,    Ch.    ?C    72 

(See  also  references  under  penalties.) 


OF    THE    STATE    OF    NEW    MEXICO  149 

REPORTS  BY  SCHOOL  OFFICERS — 

C.  L.   1897,  sees,    1527,   1535,   1580    14,  29 

L.    1901,   Ch.   29    41 

L.    1903,   Ch.    119    50 

L.   1907,  Ch.   97,  sec.    11 62 

L.   1907,  Ch.   97,  sec.    14    63 

SAIiOONS — 

Licenses  for. 

Minors  not  to  frequent,  L.  1901,  Ch.  3    39 

L.     1901,    Ch.     29 41 

Nuisance,   when,   L.   1897,   sec.   1240    (see   compiled  laws). 
(See  also  L.   1905,'  Ch.   115,  sec.   4.) 

SCHOOL  HOUSE— 

Use  of,  C.  L.   1897,  sec.   1533    17 

(See  also  building-  and  site.) 

SILVER  CITY — 

An   independent    district,    L.    1909,    Ch.    12 71 

SITE,  SCHOOL — 

Near  public  highway,  C.  L.   1897,  sec.   1552 22 

(See  references  under  real  estate,  brothels,  saloons.) 

SMALL  POX — (See  vaccination). 

SPANISH  ARCHIVES — 

Preparation   and   distribution,   L.    1913,   Ch.    21 93 

SPANISH- AMERICAN  CHILDREN — 

Not  to  be  segreg-ated.  Const.,  Art.  XII.  sec.   10 10 

SUPERINTENDENT  OF  SCHOOLS,  COUNTY — 

Apportionments  to  make,   L.   1903,   Ch.   119,   sec.    15 51 

L.    1907,   Ch.    97,  sec.    20    65 

L.    1912,   Ch.    51 82 

Building  school,   L.   1913,  Ca.   74,  sec.   2 97 

Bonds,    commissioners   to   approve,   C.    L.    1897,   sec.    687 13 

Certificates,   to   renew,   L.    1907,   Ch.    97,   sec.    3 57' 

Directors'    books,    to    examine,    L.    1903,    Ch.    119 50 

County    high    school    board,    ex-officio    member    of,    L..     1912, 

Ch.    47,    sec.    5     ■ 86 

Election,      qualifica{.ions,      duties,      salary,      L.    1907,      Ch.      9  7, 

sees.     18,     19,     20 64 

Office  at  county  seat,  L.   1903,  Ch.   119,  sec.   11 50 

Institutes,  to  hold,  L.   1907,  Ch.   9  7,  sec.   6    58 

Permits,  to  issue,  L.   1907,  Ch.   97,  sec.   5 58 


150  COMPILATION    OF    THE    SCHOOL    LAAX'S 


Reports,  to  make,  C.  L.   1897,  sees.  1527,  1528 14 

Salary,  expenses,  etc.,  L.   1907,  Ch.   97,  sec.  21 65 

Quarterly  payment  from  county  school  funds,  L.  1909,  Ch.  4o.  72 

Women  eligible  to  office  of.  Const..  Art.  VII,  sec.  1 7 


SUPERINTENI>ENT  OF  PUBMC  INSTRUCTION,  STATE— 

Apportionments,  to  make,  L.   1912,  sec.   3 82 

Assistant,    L.    1907,    Ch.    97,    sec.    16 63 

Building-,    school,    L.    1913,    Ch.    74,    sec.    2 97 

Industrial      education,      to      appoint      director      of,      L.      1912, 

Ch.    52,   sec.    2    84 

Institutes,  to  supervise,  L.   190  7,  Ch.   97,  sec.   6    58 

Office  and  records,  L.    1907,   Ch.    97,   sec.    17    64 

Opinion  on  school  questions,  L.   1907,   Ch.    97,   sec.    11 62 

Powers  and   duties,  L.    1907,   Ch.    97,   sec.    11    62 

Reserve  fund,  L.  1912,  Ch.  51,  sec.   5    82 

Rural  schools,  to  visit,  L.   1907,  Ch.    97,  sec.    12 62 

Secretary  state  board  of  education,  L.   1907,  Ch.   97,  sec.   15..  63 

Term  and  qualifications,  Const..  Art.  V,  sec.    1 7 

TAXES,  SCHOOI>— 

Bonds,   levy  for  interest  and  sinking  funds  in  cities,   C.   L.   1897, 

sec.    1587     30 

County,   three   mills,   L.    1912,   Ch.    51,   sec.    9 83 

District  ,city  and  rural,  L.  1912,  Ch.  51,  sec.  8 83 

Exemptions,    C.    L.    1897,    sec.    1560 24 

Judgments,  special  levy  for,  Const.,  Art.  VIII,  sec.   13 8 

Property      subject      to    tax   in   cities   and    towns,      C.    L.    18  9  7, 

sec.    1578     28 

State,  one-half  mill,  L.  1912,  Ch.  51,  sec.  1    81 

TEACHERS — 

Certification    of,    L.    1907,    Ch.    97 60 

Examinations,  L.   1907,  Ch.   97,  sees.   3,   4 57 

History   and   civics,    L.    1912,   Ch.    41 80 

Physiology,    L.    1913,    Ch.    29    79 

Qualifications,   L.    1907,   Ch.    97,   sec.    8    60 

Reports,   to  make,   C.   L.   1897,   sec.    1536 17 

Salary,    L.    1901,   Ch.    57    44 

L.   1907,  Ch.    97,   sec.    26 68 

Training      of,      for      teaching    in    Spanish-American    districts. 

Const.,   Art.   XII,   sec.    8 9 

Tuberculosis,  certificates  showing  absence  of,  L.   1901,  Ch.   43.  42 

L.     1903,    Ch.    92     48 

Vaccination,  duty  as  to,  L.   1901,  Ch.   17    40 

L.    1903,    Ch.    103    48 

Vouchers   for   salary   to   be    signed    by   two   directors   and    ap- 
proved by  county  superintendent,  C.  L.   1897,  sec.   1536....  17 

TERM,  MINIMUM  SCHOOIi— 

Const.,   Art.   XII,   sec.    4    9 


OF    THE    STATE    OF    NEW    MEXICO  151 

TEXT  BOOKS — 

Adoption   of,   procedure,   L.    1907,   Ch.    97    .  . 61 

History  and  Civics  of  New  Mexico,  L,   1912,   Ch.   41 80 

Term  of  adoption,  six  years,  Const,  Art.  XX,  sec.   17 10 

TREASURER,  COUNTY— 

To  report  school  funds,  C.  L.   1897,  sec.   1548 21 

TUBERCUIvOSI  S — 

Certificates  of  health,   L.    1901,   Ch.    43    42 

L.    1903,    Ch.    92    48 

TUITION — 

School  boards  may  charge,  L.   1907,   Ch.   97    _ 69 

VACCINATION—. 

L.     1901,     Ch.     17      40 

L.    1903,    Ch.    103    48 

YEAR,  SCHOOL,  FISCAL— 

C.    L.    1897,    sec.    304    12 


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